Change prayer in petition under the same section
Venkat Ramanan C
(Querist) 29 July 2024
This query is : Resolved
Hello sir/madam,
I have filed a petition in sub-court under section 12 and 13(1) of Hindu Marriage Act because of the non-consummation and cruelty caused by my wife. But in prayer, it is mentioned as "decree of divorce due to non-consummation and cruelty". I wasn't aware that it should be "decree of nullity" u/s 12 of HMA. Right now, they set exparte.
Now my question is,
- Will they give judgment for nullity of marriage as the section mentioned in the petition covers both nullity and divorce? If the marriage is nullified there is no concept of divorce because marriage itself doesn't exist in the first place.
- It is right now in the Exparte Evidence stage, if we submit amendment petition to change the prayer, Will they again send notice to my wife? Or as the main case is set exparte, they will just allow it?
T. Kalaiselvan, Advocate
(Expert) 29 July 2024
If you file a petition to amend the prayer then a copy of this petition would be sent to the respondent.
Only after she appears or she decides not to appear even after receiving the notice that the court will pass another order to set exparte and an exparte evidence would be entertained subsequently
