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Can my divorce petition be amended to add maintenance?
16-Jan-2023 (In Divorce Law)
Dear Sir / Madam, I am a Roman catholic lady seeking divorce from my husband on grounds of cruelty.I have been married for 26 years I have filed for divorce at Family court Bandra. When i filed my petition I had filed for just divorce without asking for Alimony or property share of jointly owned property. I wish to add it to my divorce petition now. I have just started with counselling. Is it possible to add it now as an amendment or any other way. I want it to be added in the divorce case itself not as a seperate case. Please advise Regards,
For Interim alimony you fill application in your divorce case
And for amendment ....
Yes any civil case may amendment at any stage by filling application as
Par civil procedure code
Order 6. Rule 17
These applications must support by verification and affidavit
After hearing on application Court pass order
And for amendment ....
Yes any civil case may amendment at any stage by filling application as
Par civil procedure code
Order 6. Rule 17
These applications must support by verification and affidavit
After hearing on application Court pass order
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Adv. Ashok Patil
UranIslampur | 25+ Answers
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Yes, you can claim maintenance or the monthly maintenance charges apart from the main petition filed for divorce as it is the legally and boundent duty of the husband to mantain his wife or children and the things being the same, you can file an seperate application for claiming monthly maintenance charges aprt from the permanent alimony which have an rightful claim thereto. Hence, i suggest you first to send an notice under the section 80 C of CPC through the Counsel (Advocate) to claim the monthly maintenance as well as permanent alimony in case of an eventual divorce decree.
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Adv. Tapish Vyas
Hinganghat | 25+ Answers
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Hello dear Querist. As per your query you can make a separate application for the same in the same petition of yours. You can do it mutually if you are not demanding any alimony or any share in property.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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