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(Guest)

Maintanence case

MY lawyer quoted wrong section in interim maintanence petiion i.e it should be 125(1) but he drafted as 125(3). whether my adversary is going to file counter or not? whether my petition to going to get dismised by them on the mistake of section? will they going to represent them orally about the wrong section of law ? my case is posted for counter of the opposite party. my main petition got SR number but IA did not get SR number . Need experts advice on this issue Thank you

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Quick Summary
This discussion concerns a potential error in an interim maintenance petition where the lawyer mistakenly cited section 125(3) instead of 125(1). The user is seeking advice on whether this clerical error could lead to the petition's dismissal or if the opposing party might use it to their advantage. Expert opinions suggest that such minor lapses are usually not a significant issue and can be corrected.

 3 Replies

Adv Param Hansh Yadav (BBA LL.B ( Practice at Rohini District Court Tis Hazari Courts Karkardooma Courts & Dwarka District Court))     10 March 2021

It's a clerical mistake and not a big issue

G.L.N. Prasad (Retired employee.)     10 March 2021

Please do not worry much on sections and your advocate is aware as to how the mistake has to be corrected.

P. Venu (Advocate)     10 March 2021

Such minor lapses/mistakes are of no issue.


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