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Mistakenly filed consent petition under HMA instead of SMA


08-Nov-2026 (In Divorce Law)
We have presented mutual consent divorce under 13b instead of SMA. It has already been over 1 year and 6 months from the date of our seperation and we have filed waiver petition to waive cool off period and the same is allowed. Matter is presently in the stage of mediation however it will be unsuccessful. Can my wife and i present a amendment petition to rectify this error. My religion is also entered wrong. Can we change this without withdrawing and filing fresh application please help. Thanks.
Answers (1)

Answer #1
634 votes
Yes without withdrawing your petition, you and your wife both can file a joint petition for amendment. Court allows statutory provisions from HMA to SMA including religious status. After the submission of mediator report, you can file this petition. It safeguards your separation cum waiver period of 1.5 years.
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