New facts in divorce amendment petition
mycent
(Querist) 02 December 2012
This query is : Resolved
Dear experts,
I had filed divorce against my wife 1 yr back & thereafter my wife filed 498a against me & my family after 1 month of my filing divorce. Issue has not been framed. However I realized that some of the facts were not included in divorce petiton. Can I add these fact (petitions to court/ps) thru amendment petiton. Also can I add the 498a chapter thru my amendment petition.
Pls. advice & share any recent judgement on this from SC.
Thanks !
-Mycent
V R SHROFF
(Expert) 02 December 2012
Yes, you can amend the Petition with leave of the Court.
ajay sethi
(Expert) 02 December 2012
you can carry out amendments to your divorce petition .
Raj Kumar Makkad
(Expert) 02 December 2012
You move an application seeking amendment, the notice of which shall also be given to opposite party and after hearing other party, the court shall decide over your application.
mycent
(Querist) 02 December 2012
Thx for your valuable inputs !!!
Devajyoti Barman
(Expert) 02 December 2012
If the trail of your divorce case is not initiated as yet, you can pray for amendment of plaint.
Amendment of plaint is liberally allowed especially when it is for incorporation od subsequent event.
R.K Nanda
(Expert) 02 December 2012
yes, u can amend ur divorce petition, by filing application for amendment u/s section 151 of CPC with ur supporting affidavit, in court.
Rajesh Pareek
(Expert) 02 December 2012
Yes, amendment in petition will be allowed if require amendments are necessary and not change the effects of prier.
