rajesh agarwal (doctor) 23 February 2011

amendment plea u/s 23A in divorce case

Hello

i had filed sec 9 RCR after which my working wife filed for divorce 13, also sec 24, 27 and then 2 weeks later 498A, 406 and 506 and a month later sec 125 for child

i was arrested for 4 days in 498a case

i opposed her divorce appl as sec 9 pending; but later i withdrew sec 9

maintenance u/s 24 for one year old Rs.5,000/month

now evidence to be given by her on next date

i want to amend my plea and seek divorve in the same case u/s 23A not accepting her allegations but on my grounds of desertion and cruelty on me by her

my querry is :

my lawyer says that this amendment plea is not possible after changes in civil law in 2002 as issues have already been framed-- is it true?

if not, then any judgement which i can quote during amendment petition and to my lawyer that he is wrong

if yes, then what remedy do i have to get divorce in the same proceedings on my ground

rajesh

09891455285

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1 Replies

Jamai Of Law (propra) 23 February 2011

You can amend the WS to add/amend to counter-claim, as anyways you are not debarred from filing another suit of divorce(in other competent jurisdictions as well) !!! Then both suita would be decided together (one suit be trasferred to other suit based on wife's convenience!! etc )

Read rule 9 in Order 8:-

Also read rule 16,17,18 of Order 6

Also read rule 5 Order 14 (Power to amend, and strike out, issues) ...Once the order of 'Leave to amend WSto add counter-claim' is passed, you have to file amendments within a stipulated period allowed by the Hon court

ORDER VIII -WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM (THE FIRST SCHEDULE)
¹[9. Subsequent pleadings.

No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presenting the same.

1. Rule 9 were omitted by Act No. 46 of 1999, section 18 but now again substituted by Act No. 22 of 2002 (w.e.f. 1-7-2002).