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Can a petition be amended before trial through interim application?
28-Jun-2023 (In Divorce Law)
Hello, I filed divorce case under 13(1)(ia). (i.e. Cruelty and desertion) And in divorce petition i mentioned clearly that "after desertion of 8 months, my wife called and told me that she is in 5th month pregnant. I was shocked by hearing that news". But i did not add adultery ground in cause of action in divorce petition i.e. sec 13(1)(i). Later (before trail started) i filed I.A. petition (Amendment petition - U/o 6, Rule 17, 151 cpc) to add adultery ground. And also i produced the evidences of non-access with wife when she conceived. Now my amendment petition is going to trail. Please guide me whether my amendment petition will be allowed...? Whether it is new cause of action ...? if so it will be allowed...?
Yes u have provision under code of civil procedure to amend your petirion and provisions are available and there is no need to worry about it since it is not cause of action and u can aver in your application about it and get your petition amended and it may be allowed on cost so go on.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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As per the provisions related to amendment of a petition, it is not allowed if it introduced a new cause of action; however if you are able to establish that without amendment the trial will fail, then your Application may be allowed. However, in the event it is rejected, and you still want to pursue the ground of adultery, I advise you to withdraw the petition with liberty to file afresh and re-file a new case with these grounds.
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It depends on the discretion of court and the supporting documents to prove your claim and also depends on your advocate. If it is sent to DNA report means it can be proved for that a medical practitioner has to tell whether it can be given during the pregnancy or after the delivery of baby . As per my knowledge after the delivery of the baby your wife and her advocate may file this application before court and for that now they may file objection to your I.A. As it is pending before the court, you have to wait and see.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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