Adding new grounds to divorce petition

This query is : Resolved 
 



Guest (Querist)
14 August 2011

There is a divorce case filled by husband under HMA 13 with case number N/2011. Husband has put many grounds, but he did not put some of the other grounds his wife used to harass him with– like wife blaming him for her miscarriage and wife blaming him for stopping her from work.


He did not put these as grounds of cruelty in the divorce application because wife would have simply denied making such allegation or would have denied saying anything like that to her husband. It would have gone against husband and judge may think that this husband is trying to act smart by blaming his wife of saying and things which she never did.



Now wife has filled maintenance and RCR suite in the same case N/2011. She has put above mentioned two allegations – husband being responsible for her miscarriage ad husband stopping her from work. Husband has strong evidences to disprove these allegations. He also want utilize these allegation from his wife in his divorce suite – to show that wife used to level such false, wild and baseless allegations to mentally harass him.



Is it possible to get these points( wrong allegations) considered in his divorce petition too? How can he get these allegations added in his divorce suite? Does he need to file rejoinder? Or Since the case number is same will it automatically be considered in divorce petition in trial?


ashok kumar singh (Expert)
14 August 2011

amend the plaint of divorce petition and incorporate ur allegations.

prabhakar singh (Expert)
15 August 2011

Yes Expert ashok kumar singh is right.Amendment is the only way to do so.

valentine thakkar (Expert)
16 August 2011

Order VI R 17 of CPC provide for amendment in the original plaint. The conditions are-

1) The amendment should not create new grounds and change the nature of the plaint;
2) The amendment should not affect the right of defence of the other side.

If these are satisfied move amendment application at any stage of the suit.

M V Gupta (Expert)
17 August 2011

I do not think u should file any amendment application to include the incidents mentioned by you, as the wife has already included them in her application for RCR. If u now try to include them in your application for divorce the other side may argue that you are trying to include them as a counter blast for the pettion for RCR filed by the wife. You may on the other hand use the allegations made by her to prove that she had been in the habit of harrassing you with all false allegations.



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