Amendment dvc
Sultan
(Querist) 29 August 2013
This query is : Resolved
1. Married as per Muslim law.
2. ....DVC filed after 6 months of wedding
......30 months lapsed after DVC filed
.......... DVC is at cross stage of wife
3. Initial prayer DVC
a. Protection order
b. Compensation for mental & physical cruelty.
Amendment prayer in DVC
a.15000 maintenance
b. Separate residence
c. Jwellery as streedhan.
4. In brief events while Dvc was in progress
a. Husband got married 2nd time.
b. Husband declared monthly income if Rs 5000/-,
They cannot prove husbands income other than
This.
c. During cross wife admitted to be well qualified &
drawing Rs.7000/- salary before wedding.
Queries
1. Does amendment change cause of action / nature of case.Is amendment belated.
2. What are chances of court allow such amendments.
3. Any citation to support husband side.
4. Whether 2nd wedding to be disclosed at this stage.
Effect will reduce maintenance if any. Other pros
cons of same.
5. Any suggestions for husband side is welcome.
6. Aware of provision to order 6 rule 17 in the Code of Civil Procedure
Thankyou experts for ur time & advice. .....
ajay sethi
(Expert) 29 August 2013
court will allow amendments . under DV act wife entitled for right to stay in matrimonial house in alternative separate residence . similarly she is entitled to her streedhan . wife wont get maintenance if she s well qualified and earning RS 7000 before marriage and if husband income is only Rs 5000 per month . it is necessary to go through case papers to advise further
