Querist :
Anonymous
(Querist) 07 October 2011
This query is : Resolved
Husband is faciing divorce and 498a,. during cross exaimation of wife in either proceeding, if he prove fact mention by her is false and lie.
Does wife have libery to making change in original peition for divorce or 498a.
Can she bring new charges, which is not mention earlier, considering the fact oral testmoy by wife and her parents is good enough to get husband and his family in jail. they would be no end of allegation and everything cannot be proved by husband.
is their provision which enable to know the charges and witness statement before and which resitict changes by other side.
Shonee Kapoor
(Expert) 07 October 2011
Modification of Pleadings can be done on the ground that the same facts were not in knowledge of the plaintiff in civil cases.
FIR is sacrosanct and can not be modified.
You would get to know the charges and witness statements when the chargesheet is filed.
Though there is nothing which stops a witness to take the flight of fancy and state facts which are not in pleading/ connected to the case. These are called improvments, which are not taken cognizance by the courts and are not material to the case connected.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 07 October 2011
I agree With Mr.Shonee Kapoor.
Sailesh Kumar Shah
(Expert) 07 October 2011
I endorse the views of Shri Shonee Kapoor.
ESTHERPRIYA
(Expert) 07 October 2011
He can amend the same by filing a separate petition and you can counter or object the same.
Shastri J.K.
(Expert) 07 October 2011
I also agree With Mr.Shonee Kapoor.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup