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Gundlapallis (Advocate)     02 November 2009

For experts view

Dear experts plz advice

it was by oversight and mistake, forgotten to ask for permanant maintenance in the main petition in a  DVC case.  But the same was sought as 'adinterim exparte relief' u/s 23.  Now the judge is wondering how he can grant maintenance when the same was not asked for in the main petition.

Asking for amendment of petition is permissible in DVC cases? or there is anyother way out for obtaining order for permanent maintenance.  



Learning

 7 Replies

Adinath@Avinash Patil (advocate)     02 November 2009

YOU CAN FILE SEPERATE APPLICATION FOR PERMANENT MAINTENANCE IN SAIS MATTER, OR YOU CAN AMMEND MAIN PETITION.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     02 November 2009

Amend the main petition in the interest of complainant.

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 November 2009

 file an application for interim maintenance 

Adinath@Avinash Patil (advocate)     02 November 2009

Dear Ganesan,

Querry is for permanent maintenance not for interum. only remedy to amend petition or convert interium application for permanent maintenance .

Gundlapallis (Advocate)     02 November 2009

Dear all - thank u for ur responses.

Amendment of petition is possible when the petition is before a criminal court? if possible under what provision of law is that possible in a DVC (Domestic Violence Complaint) case?

What should we follow?  The nature of the case is civil but when it is filed in a criminal court what procedure is to be followed? criminal or civil?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 November 2009

Amendment can be brought in the petition.

Gundlapallis (Advocate)     02 November 2009

Raj kumar sir

You mean i should file a petition for amendment under civil procedure in the magistrate's court?  Is that right?


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