Legal Question in Family Law in India
What is the exact process if i want to amend a mutual consent divorce petition in court?
Do we file an application requesting the court to allow amendment and then is any particular date given by court on which to file the amended petition which is signed by both the parties?
6 Answers from Attorneys
Both the petition should not be contrary to each other in both the motions.
Madam
you both have to file an application Under order 17 Rule 6 of civil procedure code along with the affidavit stating the reasons for amendment, and on which page which sentence or word you want to amend, delete, insert, add and thereafter the court will either allow the application or reject the application, if it is allowed you are required to amend the original plaint filed in court with red ink and thereafter you have to file a fresh amended petition. The amended Petition will contain contents of original but with amendment, hence the process is complete on filing the amended Petition in court. It is better to take assistance of lawyer for this.
Madam
you both have to file an application Under order 6 Rule 17 of civil procedure code along with the affidavit stating the reasons for amendment, and on which page which sentence or word you want to amend, delete, insert, add and thereafter the court will either allow the application or reject the application, if it is allowed you are required to amend the original plaint filed in court with red ink and thereafter you have to file a fresh amended petition. The amended Petition will contain contents of original but with amendment, hence the process is complete on filing the amended Petition in court. It is better to take assistance of lawyer for this.
You have to file a petition in court for amendment of plaint / original petition and seek court permission with reasons for such amendment.
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better to engage a good lawyer.