swagath (md) 09 September 2012

Divorce grounds

that i have filed MC petition on the grounds of cruelty for threatning to file 498A, on 18/03/2010 and on 19/03/2010 she has filed 498A and i was in custody

now how can i take the ground of filing 498A and sending me to custody should i amend the petition under order 6 rule 17 or i can tell the same at the examination in cheif. kindly suggest

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 09 September 2012

Amend the petition and include the event in it which has cause you cruelty.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 September 2012

Move an application for amendment under Ord.6 R 17 of CPC. Subsequent events that are important to be brought on record can be sought to be included via an amendment.

Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court

1 Like

Advocate Rajiv Mishra (advocate) 09 September 2012

It is a proof of ur pleadings, use it anyway.

adv. rajeev ( rajoo ) (practicing advocate) 09 September 2012

You can amend the petition.

Parag Modi. (Maharashtra.) 09 September 2012

u have to amend your petition. because no one can plead without pleading. so if u r not plead in petion & for the same does not amended the petition, your grounds pleded in chief examination can not be considered as evidence. so first pled & then prove it.