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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC
IN THE COURT.....................................
H. M. A. PETITION NO.................... 7200
In the Matter of
AB........................................ V............................. CD
APPLICATION UNDER ORDER VI RULE 17 READ
WITH SECTION 151 CPC
Most Respectfully Showeth: -
1. That the above noted case is pending before this Hon?ble Court and now the same is fixed for....................
2. That during the course of the proceeding the petitioner as well as respondent have agreed for dissolution of their marriage by way of decree of divorce by mutual consent.
3. That in the said circumstances it has become necessary to amend and convert the present petition into a petition for divorce for mutual consent of both the parties in the interest of justice.
4. That the said amendment shall not change the nature of the relief sought in the present petition.
5. That in view of the above mentioned submissions, the above named parties may kindly be allowed to amend and convert the petition filed by the petitioner under Section 13(l)(ia) etc of the Hindu Marriage Act into a petition under section 13-B(1) of the Hindu Marriage Act.
6. That amended petition have been signed by both the parties and accompanying with this application.
It is, therefore, most respectfully prayed that this Hon?ble Court may kindly be pleased to allow the amendment by way of converting the present petition for divorce into the petition for mutual divorce under setion 13-B(1) of H. M. Act as amended upto date with the consent of the parties above named.
Petitioner
Through
Counsel
Dated:....................
Place:....................
AFFIDAVIT IN SUPPORT OF THE APPLICATION
IN THE COURT OF......................................
IN RE:
AB................................ V................................. CD
AFFIDAVIT
I,................................................... wife of.......................................... resident of.......................................................................... New Delhi, do hereby solemnly affirm and declare as under:
1. That I am petitioner in the above said case and am well conversant with the facts and circumstances of the case.
2. That the contents of accompanying application under order VI Rule 17 read with section 151 CPC, have been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are not being reproduced herein for the sake of brevity.
Deponent
VERIFICATION
Verified at.................... on this.................... day of.................... that the contents of my above affidavit are true and correct to my knowledge.
Deponent
An "Application under Order 6, Rule 17, read with Section 151 of the Civil Procedure Code (CPC)" is used in civil litigation to seek amendments to pleadings or court documents. It allows parties to correct errors or make necessary changes to their claims or defenses. Here's a concise guideline on its use and common mistakes to avoid:
Usage:
Identify the Correct Stage: File the application during the appropriate stage of the legal proceedings, usually before the final judgment is delivered.
Specify Grounds: Clearly state the reasons for seeking the amendment, such as correcting factual inaccuracies, adding or removing parties, or clarifying claims.
Complete the Application: Accurately fill out the application form, providing details about the case, the document to be amended, and the proposed changes.
Attach Supporting Documents: Include any relevant evidence or supporting documents that justify the requested amendment.
Common Mistakes to Avoid:
Delay: File the application promptly once the need for an amendment becomes evident to prevent delays in the legal process.
Lack of Specificity: Clearly outline the proposed changes and the reasons for each amendment to avoid confusion or objections from opposing parties.
Ignoring Local Rules: Familiarize yourself with local court rules and procedures, as they may have specific requirements for amendment applications.
Not Considering Opponent's Response: Anticipate and address potential objections or responses from the opposing party to strengthen your application.
Failure to Attend Hearings: Attend all scheduled court hearings and proceedings related to your application to ensure your interests are represented.
Inconsistencies: Ensure that the proposed amendments do not create inconsistencies or contradictions within the pleadings.
An application under Order 6, Rule 17, read with Section 151 CPC is a valuable legal tool for parties to rectify or refine their legal claims or defenses. By adhering to these guidelines and avoiding common mistakes, individuals can navigate the amendment process effectively and maintain the integrity of their legal case.