Can I modify my reply and affidavit

705 votes

Amending the Reply and Affidavit:It is possible to amend your reply and affidavit of assets in the existing case under Section 125 CrPC, provided the court grants you permission. Typically, amendments can be allowed to present new facts or to clarify your position better. The application for amendment should clearly state why you want to make these changes and how it would aid the court in understanding your case better. Filing for Restitution of Conjugal Rights (RCR):As per Hindu Marriage Act, 1955, Section 9 provides the provision to file for Restitution of Conjugal Rights if one spouse has withdrawn from the society of the other without reasonable cause. Since your wife left and did not return after visiting her parents, and there is no evidence of any misconduct or cruelty on your part (based on your statement), you may have grounds to file for RCR. Impact on the 125 CrPC Case:Filing an RCR application can support your defense in the 125 CrPC case. It demonstrates your willingness to maintain the marriage and live together, which could potentially counter any claims that you deserted or neglected your wife. However, if the 125 CrPC case involves claims of domestic violence or abuse, the court might prioritize the safety and well-being of your wife before considering RCR. Strategic Considerations:Before amending your reply or filing for RCR, it’s essential to discuss this strategy with your legal counsel. RCR applications can sometimes be used as leverage in ongoing marital disputes, but the outcome depends on various factors like evidence, witness testimony, and court proceedings. Filing for RCR should be carefully considered, as it might complicate or lengthen the legal proceedings if not handled strategically. Next Steps:Prepare an application for amendment with your lawyer, specifying the reasons and supporting documents. Simultaneously, draft a strong RCR application highlighting that you have made efforts to reconcile and live together, and that you genuinely want your wife to return and resume marital relations.

Advocate Kiran Ashok Gangurde LawRato

999 votes

Hello, Yes you can file an amendment application as well as go for Restitution of Conjugal Right Application in Hon'ble Family Court only if your bonafide intention is to save your marriage. Hope this helps

Advocate Shweta Pandey LawRato

954 votes

Yes you can file an application for restitution but even if you do so you wil have to pay maintenance to your wife and even if you get an order in your favour for restitution and your wife does not start the conjugal right non execution of decree will then become a ground for divorce

Advocate Rinki Agarwal LawRato

858 votes

without permission of court you can't.,.. first you file amendment application because CRP 125 application aslo apply some civil procedure and some criminal procedure.... it's depends on your ...more inquiry... Hemant Jadhav Jalgaon

Advocate Hemant Jadhav LawRato

930 votes

Well, you can amend your reply now too, as no Interim Order has been passed yet. You can amend your Affidavit of Assets and Liabilities, Income and Expenses by terming, that, last time, by mistake, wrong Affidavit was submitted, seek an apology for it, parallely file a Petition for Restitution of Conjugal Rights.

Advocate Pankaj Bajaj LawRato