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Petition amendment Vs File fresh petition
12-Dec-2023 (In Divorce Law)
Hi.
I had applied for divorce case in my present place. It then got transferred to my wife's place, as a result of the transfer petition she had filed. I need to make some amendments in the case now (like some date corrections of incidents, ensuring that the cruelty comes out clearly, adding few additional incidents, etc.). The trial of the case has not commenced yet and my wife is yet to respond to the divorce petition. My new lawyer is now asking me to file a fresh suit, rather than making amendments in the existing case. Please let me know which should be the preferred route - Petition amendment or filing fresh petition?
if the substratum of the petition remains the same, like the reason for divorce, allegations, etc. then you may consider filing for amendment of the petition. however if you want to make new grounds and allegations, you may file a fresh petition.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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Hi,
You can amend the petition with the permission of the Honourble Court by moving an appropriate application under order 6rule 17 of the civil procedure code. Amendment can be done before the trial commences. You may contact for further advise
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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you are not allowed to file fresh petition once you have filed it unless you take liberty from court to do so. if facts are very important then you must take steps to amend the petition as the stage is very fledgling. once written statement comes then this amendment would be considered as after thought.
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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