Judicial separation to divorce

anjana sharma (Querist) 17 February 2012 This query is : Resolved
Hello everybody I had filed a judicial separation case against my wife 6 years back, the case is on the cross examination stage,
Can I make amendment in the prayer and ask for divorce? If it can be done is there any case law on similar facts ? Please Help!

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RadhikaReddy (Expert) 17 February 2012
NO..u cannot amend.. instead, u can withdraw the case and file a separate petition for divorce on the stating that even after 6 yrs there is no change in ur marital life!

Guest (Expert) 17 February 2012
you can only withdraw the petition u/s 10 and then file u/s 13 of Hindu Marriage act.

Advocate Bhartesh goyal (Expert) 19 February 2012
You can not make amendment in petition.If you want to file divorce petition then first you have to withdraw the petition for judicial separation and thereafter file petition for divorce.

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