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Sujay U H (BDM)     18 September 2009

Amendment U/s Order 6 Rule 17

I have filed for Divorce on the ground of mental cruelty. She filed for RCR seperately at her place in family court. The RCR petition was dissmissed by default 5 months back. She did not file for any restoration.

Under Divorce Proceedings ..Evidence is recorded on both sides and evidence of both parties is closed. Arguements are also commenced. At this stage after hearing our arguements in part the (wife) respondent has filed for amendment of objection requesting following amendments:-

1) At the end of para 4 "The true facts are as under" be deleted. 

2)After the para 11 of the objections a new para as 11(a) be added and the folowwing  be written :

"The petitioner has deserted the respondent without any cause. She is ready to join him and lead married life But the petitioner is not ready hence the respondent is making a counter claim to pass a decree for restitution of conjugal rights . She has paid necessary court fee"

At the fag end of the case she is seeking for such a amendment after hearing our arguements in part.

How to counter it please advice. Please let me know if there are any appropriate SC Judgements to counter this.

 

Thank You.

Sujay U H.



Learning

 10 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     20 September 2009

The RCR is dismissed for default, hence no resjudicata appplies

No new facts are brought into petition, since the case is laready filed though dismissed for default

In petitions under HM Act, the court can grant a counter claim made by the respondent.

The petition is maintainable

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

No doubt he can make amendment at any time but u can contest as per suggestion made by prabhakar.

Regards
adv.kamal.grover@gmail.com

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 September 2009

I do agree with Mr. Prabhakar. No amendements can be made after completing the evidenec and arguments./

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

i m also agree with mr. pabhakar.

Adinath@Avinash Patil (advocate)     21 November 2009

prabhakar explined very well

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 November 2009

 

 

No need for further clarification...

Sukhija (Advocate)     03 December 2009

I agree with prabakar.

nishant prateek (Lawyer)     17 November 2011

I want to know more about it....plz someone kindly explain

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

Please put your query clearly for us to help you better.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

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