APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC

IN THE COURT……………………………….

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

Understanding the Application Under Order VI Rule 17 Read with Section 151 CPC: Conversion to Mutual Consent Divorce

Legal proceedings, particularly those involving matrimonial disputes, often require amendments or adaptations based on the evolving dynamics between the parties involved.

One such scenario is the conversion of a petition for divorce into one for mutual consent divorce under Section 13-B(1) of the Hindu Marriage Act.

This article explores the procedural aspects and significance of filing an Application Under Order VI Rule 17 Read with Section 151 of the Civil Procedure Code (CPC).

What is Order VI Rule 17 CPC?

Order VI Rule 17 of the CPC empowers parties to amend their pleadings at any stage of the proceedings, provided such amendments are necessary for determining the real questions in controversy.

When read with Section 151, which allows courts to exercise inherent powers for justice, this rule becomes a tool to adapt proceedings to the mutual understanding of the parties.

When is Such an Application Filed?

This application is filed when:

1. The Parties Agree to Mutual Consent Divorce:
   After filing a petition under Section 13(1)(ia) of the Hindu Marriage Act for contested divorce, both parties may decide to dissolve the marriage amicably.
2. The Nature of Relief Remains Unchanged:
   The amendment does not alter the fundamental relief sought but modifies the procedural route to achieve it.
3. Interest of Justice:
   The court ensures the amendment facilitates an equitable and just resolution without causing prejudice to either party.

Contents of the Application

The application under Order VI Rule 17 read with Section 151 CPC typically includes:

1. Details of the Pending Case:
   Mention the case title, petition number, and the current stage of proceedings.
2. Agreement Between Parties:
   Affirm that both petitioner and respondent have agreed to dissolve the marriage through mutual consent under Section 13-B of the Hindu Marriage Act.
3. Necessity for Amendment:
   State why converting the existing petition into a mutual consent divorce petition is required for justice.
4. No Change in Relief Sought:
   Confirm that the amendment does not alter the nature of the relief but only changes the grounds.
5. Submission of Amended Petition:
   Attach the amended petition signed by both parties for the court’s approval.

Sample Affidavit in Support of the Application

The affidavit accompanying the application verifies the facts of the case and affirms that the contents of the application are true to the petitioner’s knowledge. It serves as the petitioner’s formal statement under oath.

Procedure for Filing the Application

1. Drafting and Filing:
   The application is drafted by legal counsel under the petitioner’s instructions and filed in the court where the original petition is pending.
2. Court’s Discretion:
   The court exercises its discretion to allow the amendment after ensuring it does not prejudice the respondent or delay justice.
3. Amended Petition:
   Once permitted, the amended petition is accepted, and proceedings continue under the new grounds.

Benefits of Conversion to Mutual Consent Divorce

1. Time-Efficient:
   Mutual consent divorce proceedings are typically faster and less contentious than contested divorces.
2. Amicable Resolution:
   Both parties can part ways amicably, reducing emotional and financial strain.
3. Avoiding Litigation Costs:
   Agreeing on terms eliminates prolonged legal battles and associated costs.

Conclusion

An application under Order VI Rule 17 read with Section 151 CPC provides a flexible legal mechanism to adapt to changes in matrimonial disputes.

By converting a contested divorce into one for mutual consent, parties can achieve closure in a dignified and efficient manner.

For expert legal advice and assistance in matrimonial cases, including drafting and filing such applications, consult Legal Light Consulting (LLC).

Disclaimer: This article is for informational purposes only and does not constitute legal advice.