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wifebetrayed (service)     28 November 2011

Change in divorce petition

i am facing both divorce and 498a case same charges for both, during investigation i proved certain charges are flase, can my wife remove those from divorce petition by submitting an application.

add can she make new charges in divorce petition to compensate lose of charge which is in 498a investigation
 



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 6 Replies

rahul (director)     28 November 2011

she can always file an application  under Order 6 Rule 17 of CPC to amend her divorce petition.. but remember one thing.. she cant delete anything.. only she can add something new,, that only if she is able to convince the judge that these amendment is necessary for the proper disposal of the divorce application filed by her,

judge will give you opportunity to file your amended WS in light of her amended petition. and if she already file her replication to your WS, then she also have liberty to file her amended replication.

of the oposite.. you also file amendment application for ur WS if you got some proof in 498a case if she is not willing to file her amended div application,,, normally judge allow these application on the cost of Rs 500/- for either side.

 

1 Like

wifebetrayed (service)     28 November 2011

what is WS stand for is it written statement.

Ghajini (SSE)     28 November 2011

Yes it is Written Statement

1 Like

sheela subbarao (Advocate)     28 November 2011

You can use the contents that are in your favour. Obtain certified copy of the evidence got in 498 A case. This copy shall be produced in the family court in support of your in divorce case.

sheela subbarao (Advocate)     28 November 2011

The said certified copy of the evidence can be used during the evidencde in the divorce case. 

Krish Narayan (Advocate)     28 November 2011

File written statement exhibiting the contradictions of your wife's case and get along with the case. You will definitely succeed. Best wishes.


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