Divorce petition amendment and desertion adding

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    • #4129

      Married : mar 2015
      Desertion by op : aug 2015
      My divorce petition under cruelty hma13(1)(ia) was Filed in nov 2015, within 3 months of desertion : Nov 2015

      (I was not part of any group then, and misled by lawyer into rushing filing divorce , when I knew OP went to CAW)

      1. Some grounds were not added , like I added desertion as cruelty (desertion in hospitalized condition) but due to 2 yr limit, could not add desertion as clause/section
      2. False 498a fir not added as ground too, as 498a was at complaint stage then and FIR registered later.
      Overall rushed petition is not strong (in my own opinion although desertion during dengue hospitalization is strong for me)

      Such other grounds and pleadings are covered in rejoinder though

      Issues framed

      HMA 24 done (now appeal by me against maintenance pending in high court)

      Lower court asks to move to evidence.

      But I want to make petition amendment to add 498a as ground, also .
      Also, Add desertion as a clause and section HMA 13 (1)(ib) by amending prayer as well

      Lawyer not agreeing saying it will change nature of suit (for desertion), won’t be accepted. But i differ.

      Any pros and cons of making amends. ??

      I have enough judgement allowing amends.

      But , I am not able to find specific judgement where desertion clause/section added later. I need reference help for this. here ????

      Any help with judgements , where nature of suit / cause of action is allowed to be altered (or by adding sections in prayer and altering filed under clause of any civil suit of any type ???

      Please help / guide !!

    • #4131

      Any suggestions ??

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