Legal Question in Family Law in India

Re: Amendment Order 6 Rule 17

once the written statement is amended and a fresh written statement is filed, the earlier WS cannot be read as the same is not a part of pleadings.

Re: Amendment Order 6 Rule 17

yes because 2nd written statement shall be taken as additional written statement

Re: Amendment Order 6 Rule 17

In a case pending in court, your counsel conducting the case can provide better opinion since he is aware of all the facts and court orders on record.

However,

(1) The procedure under Order 6 Rule 17 is that the amended petition is filed alongwith the application for amendment. Once amendment is allowed, the amended petition is taken on record; therefore, the question of "if husband files amended petition" does not arise.

(2) The wife is required to file reply to the amended petition and the earlier pleadings do not remain part of the court-records. The earlier written statement of the wife cannot be quoted for any purpose.

Re: Amendment Order 6 Rule 17

This is not a question of law but a question of fact and can be evaluated by the Hon. Court at the time of hearoing of the case only.

Re: Amendment Order 6 Rule 17

It would depend upon the kind of amendment. if amendment is very specific, the written statement will have to be amended to that affect. So any admission of fact which has already come in the first written statement how can that be overlooked.