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SinghSohal (Later)     14 February 2014

Is amendment possible in filed mutual divorce petition

Dear Experts,

I humbly request you to help me by answering and guiding me about my query/Question.

I am going through a MCDivorce and on 12 Feb.'14,  Me and my wife's counsels have filed a Joint First Petition for MCD in delhi patiala house.

First Petition is drafted by my wife's counsel and In that petition a Typo mistake is done, not sure its deliberate or a Honest mistake. The para in which mistake is done is as follows and the same is written under affidavits as well.

"That it has been agreed by the Parties that having entered into aforesaid  MOU dated 30/01/2014 they shall have no right, title and interest in the movable and movable properties of each other and their respective family members". 

Here  Immovable is missed and again movable is mentioned. But in MOU both movable and immovable are clearly and correctly stated.

Now, My date to record the statement is on 20th Feb.'14, Kindly let me know the procedure to get this rectified and what else I should take care.

Would really appreciate an early reply, thank you.

Best Regards

S.

 

 



Learning

 12 Replies

Solicitor Chirag Shah (Advocate & Solicitor)     14 February 2014

Sir,

Both of your should make a joint application seeking permission of he court to carry out ammendment in the petition as occured  due to Typographical error.

SInce it seems to be Typo Error court MAY allow.

 

Regards.

SinghSohal (Later)     14 February 2014

Thank you Mr. Shah for your prompt reply.. Appreciated.

Just would like to ask another favour, Can you please draft me a template of the application as mentioned, I'll be grateful to you also I am really naive when it comes to court proceedings and do not wish to carry out any further mistake that might cost me.

Also, as you stated that court 'MAY' allow, Is there a possibility too that amendment cannot be allowed, If so then I do not wish to continue with this risk on my part, Kindly let me know for a sure shot solution. Having said that MOU attached with the Petition states clearly that both the parties have no interest in both movable and immovable properties of each other and respective families.

Thank you & Best Regards

S.

SinghSohal (Later)     14 February 2014

Thank you Mr. Shah for your prompt reply.. Appreciated.

Just would like to ask another favour, Can you please draft me a template of the application as mentioned, I'll be grateful to you also I am really naive when it comes to court proceedings and do not wish to carry out any further mistake that might cost me. 

Also, as you stated that court 'MAY' allow, Is there a possibility too that amendment cannot be allowed, If so then I do not wish to continue with this risk on my part, Kindly let me know for a sure shot solution. Having said that MOU attached with the Petition states clearly that both the parties have no interest in both movable and immovable properties of each other and respective families.

Thank you & Best Regards

S.

hssofficial@gmail.com

merocksDsite (D site)     14 February 2014

MOVABLE AND MOVABLE,obivious it is incorrect and amendable.MOVABLE AND MOVABLE does it make any correct sense? MOVABLE AND ONLY MOVABLE this makes sense.hence,that is amendable.

merocksDsite (D site)     14 February 2014

MOVABLE AND MOVABLE,obivious it is incorrect and amendable.MOVABLE AND MOVABLE does it make any correct sense? MOVABLE AND ONLY MOVABLE this makes sense.hence,that is amendable.

Rajeev Kumar (Lawyer/Advocate)     14 February 2014

As in MOU there is correctly and clearly stated as movable and immovable property. So it is amendable in petition with the prior permission of court and the court and the court will permit it with the consent of both parties learned counsel as it is MC DIVORCE PETITION IN THE NEXT MOTION IT WILL BE AMENDED.

Rajeev Kumar (Lawyer/Advocate)     14 February 2014

As in MOU there is correctly and clearly stated as movable and immovable property. So it is amendable in petition with the prior permission of court and the court and the court will permit it with the consent of both parties learned counsel as it is MC DIVORCE PETITION IN THE NEXT MOTION IT WILL BE AMENDED.

Rajeev Kumar (Lawyer/Advocate)     14 February 2014

As in MOU there is correctly and clearly stated as movable and immovable property. So it is amendable in petition with the prior permission of court and the court and the court will permit it with the consent of both parties learned counsel as it is MC DIVORCE PETITION IN THE NEXT MOTION IT WILL BE AMENDED.

SinghSohal (Later)     15 February 2014

Thanks All for the Prompt Reply..

 

Appreciated.

 

Regards

S.

T. Kalaiselvan, Advocate (Advocate)     15 February 2014

I agree with the experts opinion that the amendments can be carried out at this stage.

SinghSohal (Later)     21 February 2014

Thanks Mr. Kalaiselvan,

Appreciated All replies..

My counsel has drafted an application, A request from my side to the Hon'ble court to correct typo mistakes in its order as it purely clerical mistake/ Typo errors, mentioning all the mistakes.

I just hope that request/application from my side is accepted and hon'ble court allows this correction or may be direct us to file the amended copy of Petition along with Affidavits.

Regards

S.

cyberlawyer (barrister)     21 February 2014

Yes, its not necessary to state the word movable twice. Thats very obvious and this amendment will be surely allowed on merits without demanding counter/ objection from the other side.


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