C o n v e r s i o n
Shantanu Wavhal
(Querist) 26 April 2012
This query is : Resolved
suppose :
sec. 9 / 10 / 12 / something u/s 13 is filed in court by husband / wife.
At a later stage,
can these petitions be converted to sec. 13 B; without withdrawing the original petition ?
or
is it a must to withdraw the previous petition & file a fresh sec. 13 B petition ?
Devajyoti Barman
(Expert) 26 April 2012
No need for withdrawal.
The parties may later file petition u/s 13B r/w Order 23 Rule3 of Cpc.
Shantanu Wavhal
(Querist) 26 April 2012
The moot point is :
is such conversion to sec. 13 B allowed in the same proceedings ?
ajay sethi
(Expert) 26 April 2012
yes it can be done . make an application to court
Hindu Marriage Act, 1955, Section 13B(2), 9 - Petition for restitution of conjugal rights when amended to be a joint petition for divorce by mutual consent, such amendment relates back to the original petition and statutory period of six months in S.13-B(2) is not a bar to the passing of a decree for divorce by mutual consent..........
ajay sethi
(Expert) 26 April 2012
Civil Procedure Code, 1908, Section 151, Order 6 - Rule 17, Hindu Marriage Act, 1955, Section 13(1)(iii) - Petition by husband for divorce on ground of unsoundness of mind on the part of the wife - not allowed - in the High Court at the Letters Patent stage amendment application to convert the original petition to be one for divorce by mutual consent - allowed - from the joint petition and from their.........
Devajyoti Barman
(Expert) 26 April 2012
Yes it is allowed and regularly done in daily course of business.
R.K Nanda
(Expert) 26 April 2012
Yes, it is allowed by courts.
Nadeem Qureshi
(Expert) 26 April 2012
Dear Amit
I also agree with experts
V R SHROFF
(Expert) 26 April 2012
allowed. Divorce can be allowed w/o withdrawal of all such petitions. Need consent of parties under 13Bcan
prabhakar singh
(Expert) 26 April 2012
What is left after Mr. Sethi's answer.
Raj Kumar Makkad
(Expert) 26 April 2012
Nothing remains to be added in the given replies.
Shonee Kapoor
(Expert) 27 April 2012
I diagree, now in Delhi, the courts are not allowing amendment, rather they are asking to withdraw the divorce and filed for MCD again.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
