Querist :
Anonymous
(Querist) 31 May 2018
This query is : Resolved
I have moved a petition for divorce on grounds of cruelty. It proceeded Ex-parte and order was reserved for today. Today judge pointed out that I had by mistake in the title written "petition u/s 13(1)(A)" instead of 13(1)(1A). what options do I have? It's a typographical error. I have given all the evidence, pleadings about cruelty only. Please help me with a judgement if any. It took 4 years for the case to reach at this stage. Dismissing it will cause grave injustice to Petitioner. Please Please Help me with anything. Thanx in advance.
Vijay Raj Mahajan
(Expert) 31 May 2018
Wrong mention of section in the divorce petition as mentioned in your query will not render your petition to be dismissed. There are High court judgments in this regard. You can always file application for amendment of petition and make the correction of the sections mentioned wrongly in the petition. Wait for the final order of the judge, if ex-parte divorce petition is dismissed just on the ground of typographic mistake, the High Court will definitely set aside such order of the trail Family Court and allow dissolution of marriage by decree of divorce. Delhi High Court Judgement in Suman Kundra vs Sanjeev Kundra will be helpful in this regard.
Querist :
Anonymous
(Querist) 31 May 2018
Thank you soo much sir. You really are an expert. Judgment is really helpful. God bless you.
Ms.Usha Kapoor
(Expert) 01 June 2018
I agree with Vijay Raj Mahajan.
Guest
(Expert) 01 June 2018
Purely academic query.
Even otherwise, what specific content of your description compelled you to keep your ID hidden and made you post that anonymously? If judge realised his mistake and kept the judgment reserved for today, what compelled her not to make a simple mistake corrected under his signature?
Ms.Usha Kapoor
(Expert) 02 June 2018
I agree with Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 03 June 2018
I agree with expert Mr. PS Dhingra. Since you have charged fees from your client, do your homework, research yourself without spoon feeding, there are catena of judgements on the subject.
Dr J C Vashista
(Expert) 03 June 2018
Why did you opt to remain anonymous?
Ms.Usha Kapoor
(Expert) 06 July 2018
I agree with Vijay Raj Mahajan and Dhingra Ji.
Ms.Usha Kapoor
(Expert) 07 July 2018
I agree with V9jay Raj Mahajan and Dhingra Ji.
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