Can I Change the Grounds for my Divorce?


I filed my case in tambaram in 2016 dec seeking divorce in desertion ground ( 3years) as per the advice of my lawyer. But I explained the lawyer regarding the mental and physical cruelty of my husband. He told we will put like this you will get easily divorce and if he is not coming we will get expartie.Now the respondent came and he is protesting to give divorce because I am an government employee trying take benefit out of it. Now whether I can change the ground from desertion to cruelty and desertion. Is there any problem in changing the ground.

Answers (3)


155 votes

In the ground for desertion, what is the reason for desertion? Have you made any reference to any cruelty at all. Has your husband filed his counter in the Petition? If he has not filed his counter then you can file a petition for amendment and add the ground for cruelty. If you are in Chennai and need any further assistance then you can contact me. Kindly contact me to discuss the case in detail so that I can give proper guidance.


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133 votes

Hello,

You can amend your divorce petition if you file a petition under Order 6 Rule 17, Civil Procedure Code.

It's surprising that your advocate did not add the mental and physical cruelty at the time of filing the petition..

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167 votes

You can amend the petition by filing an IA. But you should be cautious to amend the petition without any contradictions from the alreday set out factual details in your original petition. If your husband is contesting now there is every chance he would contest the IA also. Moreover desertion is a easy ground than the cruelty and it may be unncessary to waste time in amending the petition. So decide wisely.

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