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MANKU (EXECUTIVE)     03 October 2013

Please reply

Dear Experts,

I shall be grateful if you could let let me know the following:

A Divorce petition was filed under cruelty. Subsequently ( after the petition was filed) the cause of action continued which were very grave. Now at the time of submitting evidence can evidence of the later cruelties can be submitted or whether the petition has to be ammended ? I believe there are several judgements where the Honble courts ( including HC and SC) have allowed later instances to be submitted without there being any pleading or without amending the petition. Kindly help with few citations.

Regards. 



Learning

 3 Replies


(Guest)

Mental cruelities is the act of continuation.........

you can exhibit your later evidences too with due respect & permission from the judge alleging that this quite related with the past evidences.

For any further development's which you think it is prima facie of the case,you can ammend the petition too.

Samir N (General Queries) (Business)     03 October 2013

File an application asking the Court to grant leave to file new evidence (or amend your earlier-filed affidavit) with the alternate prayer of allowing the petition itself to be amended. This way, you are not leaving anything to chance or for error on appeal. The Court will issue an Order with three possible outcomes: one of the two that you prayed for and third a rejection of both. If so, appeal or file a revision application or whatever is the term for an appeal from a not-final Order.  This is the cleanest procedure to follow. Disclaimer: I am not an advocate...

MANKU (EXECUTIVE)     05 October 2013

Thanks indeed both of you.


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