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(Guest)

Divorce petition

Dear All,

please advice.

Husband had filed for contested divorce petition on cruelty ground of HMA. The petition had some wrong information in terms of marriage date, etc. There is no mistake in the details given for cruelty.The husband overlooked and petition got submitted. The first date for  hearing is in June 2013.The husband has reaslised these mistakes now. The husband thinks that the intimation for petition had reached the wife

1)how the husband can modify the petition to correct the mistakes and record the same in the court? please share the detail process.

2)what will be the impact of this on the case?

3)can wife or wife's lawyer claim anything ?

4)how can the husband confirm whether the petition had reached the wife if wife does not appear on the first date?

5)what will be the process in the first date and next date (s) ?

 

pls guide



Learning

 8 Replies


(Guest)

Withdraw petition, file fresh petition as you have filed petition in this year itself.

rahul (director)     27 April 2013

NO NEED TO WORRY, JUST FILE A ADDITIONAL APPLICATION STATING TYPING ERROR AND FILE CORRECT DATE.

 

Rajendra K Goyal (Advocate)     27 April 2013

I agree with the helping hand, you may withdraw the petition and file fresh petition. The case will be heard on the basis of fresh petition as presant one has been withdrawn. Nothing is clear, what is meant by claim from wife or her lawyer. Claim  about what? The case would be dealt on the merits. The fact of delivery of the notice will reach the court and would be kept with the case file, which is a confirmation of delivery of the notice. the process would be as per CPC.


(Guest)

Just file an amendment to the petition correcting the details

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 April 2013

Dear Querist 

you have both option, 1. withdraw the petition and file fresh

2. file an amendment application under order 6 rule 17 of CPC


(Guest)

Dear sir,

1)what is the process of filing the amendment application?

2)will this impact the divorce petition?


(Guest)

Dear sir

when is the commencement of the trial considered?

Tajobsindia (Senior Partner )     28 April 2013

1. Wait for the Process order of the Court which may happen once suit matter admitted.
2. Afterwards file Application for Amendment of such and such
Para and reason thereof. It will be allowed while she files her appearance as and when she appears.
3. The matter should not be withdrawn, fact of the marriage is not being challenged it is typo. error on date or month or year which is not suicidal to crunch of the matter between parties is my view unless ‘desertion’ ground not taken by you based on mentioning deliberately some wrong year of marriage. 


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