Amendement to divorce petion

wifebetrayed (Querist) 21 March 2012 This query is : Resolved
divorce petition filed by wife 1 year back, charge included dowry harrasment and impotency.

I have filed a protest petition stating fact which are incorrect in her in petition.

now wife lawyers say they want to amend the petition and make it on lack of sexual interaction bw wife and husband (ie only 2-4 times in a month) earlier it was allege husband is impotent now it is said frequency of s** was limited to 2-4 times in months so it amount to cruelty.

can such change be made and accepted by court.
498a case going on in different court.

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Adv.R.P.Chugh (Expert) 21 March 2012
Dear Querist,
The law relating to amendment of pleadings is simple - all amendments which are necessary to determine the real questions in controversy between the parties are allowed. However placing reliance on her plaint - you have filed your WS and taken a particular line of defence. The amendment sought to be made completely dislodges/disturbs that, and moreover has the effect of taking away an admission made in your favour (as to limited sexual interaction) which is inconsistent with their stand of impotency now (both can't go together).

The Supreme Court has time and again reiterated that amendment of pleadings which has the effect of taking away an admission in favour of party is not to be allowed readily.

Oppose the application, tooth and nail. Even if the judge allows (worst case scenario) you get to file your amended WS too

Ghanshyam Prasad (Expert) 21 March 2012
The petioner can not take inconsistent plea.court will disallow such ammendment.For further con. on my mb-09471000121.