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Can divorce petition be altered?
29-Jun-2023 (In Divorce Law)
Hello all good day.. 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 or not ...? if so it will be allowed...? (Adultery contents already i mentioned in my main petition.)
amendment can be made even before pouncing judgment.Even after completion of entire trial.you needn't worry about the amendment petition.But you submit some authorities from either high courts or supreme court by supporting your contentiton.
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Adv. Ram Susarla
Hyderabad | 25+ Answers
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Dear Client,
You must first opt all grounds. Subsequently you filed an I.A. for adding additional ground of adultery. Whether the opposite party filed the counter and what is her contention on adding additional ground. After enquiry court will add that ground and frame additional issue after giving ample time for the opposite party for filing additional counter. If not you can prefer revision on I.A. Take expert legal advise. At any stage of trial you can add additional ground if the additional ground did not conflict with the main ground. In this case it is not conflicting. Then it will be added.
You must first opt all grounds. Subsequently you filed an I.A. for adding additional ground of adultery. Whether the opposite party filed the counter and what is her contention on adding additional ground. After enquiry court will add that ground and frame additional issue after giving ample time for the opposite party for filing additional counter. If not you can prefer revision on I.A. Take expert legal advise. At any stage of trial you can add additional ground if the additional ground did not conflict with the main ground. In this case it is not conflicting. Then it will be added.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hi
In all likelihood your amendment petition will be allowed if you can convince the court that your wife deserted you approximately 8 months ago and that you did not have access to her during these 8 months. It all depends on the weight of evidence that you have on hand for the courts to permit the petition.
In general Family courts do not follow CPC strictly. So you and your lawyer should be able to present to the judge, absolute and crystal clear evidence of non access.
In all likelihood your amendment petition will be allowed if you can convince the court that your wife deserted you approximately 8 months ago and that you did not have access to her during these 8 months. It all depends on the weight of evidence that you have on hand for the courts to permit the petition.
In general Family courts do not follow CPC strictly. So you and your lawyer should be able to present to the judge, absolute and crystal clear evidence of non access.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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