Application Under Order VI Rule 17 Read with Section 151 CPC

IN THE COURT OF………………………………. 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 the respondent have agreed for dissolution of their marriage by way of a 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 by 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(1)(ia) etc., of the Hindu Marriage Act into a petition under section 13-B(1) of the Hindu Marriage Act.
6. That the amended petition has been signed by both the parties and accompanies 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 section 13-B(1) of the Hindu Marriage Act, as amended up to 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, [Name], wife of [Name], resident of [Address], New Delhi, do hereby solemnly affirm and declare as under:

1. That I am the petitioner in the above said case and am well conversant with the facts and circumstances of the case.
2. That the contents of the 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

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Application Under Order VI Rule 17 CPC: Converting a Petition for Divorce

This article focuses on an application under Order VI Rule 17 of the Code of Civil Procedure (CPC) read with Section 151 CPC.

This type of application is typically filed to amend a pending court petition, specifically in the context of matrimonial disputes.

In the given example, the application seeks to convert an existing petition for divorce filed under Section 13(1)(ia) of the Hindu Marriage Act into a petition for divorce by mutual consent under Section 13-B(1) of the Hindu Marriage Act.

This conversion is necessary because both parties have reached an agreement to dissolve their marriage amicably.

Legal Point of the Application:

• Pendency of Original Petition: The application acknowledges the existence of the original divorce petition filed under Section 13(1)(ia) of the Hindu Marriage Act.
• Agreement for Mutual Consent: It states that both parties have reached a mutual agreement to dissolve their marriage.
• Necessity for Amendment: It emphasizes the need to amend the original petition to reflect the parties’ agreement for a mutual consent divorce.
• No Change in Relief Sought: It clarifies that the amendment does not alter the ultimate relief sought, which is the dissolution of the marriage.
• Prayer for Conversion: The application specifically requests the court to allow the conversion of the petition under Order VI Rule 17 CPC read with Section 151 CPC.
• Supporting Affidavit: An affidavit is typically filed in support of the application, affirming the truthfulness of the statements made in the application.

Importance of Order VI Rule 17 CPC:

• Flexibility and Justice: Order VI Rule 17 CPC empowers courts to allow amendments to pleadings in the interest of justice. This flexibility allows parties to adapt their claims or defenses as circumstances evolve.
• Avoiding Unnecessary Litigation: In cases like this, where parties reach an amicable agreement, converting the petition to a mutual consent divorce can save time, effort, and emotional distress.

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

Contact Legal Light Consulting:

For personalized legal advice and assistance with matrimonial matters, including applications under Order VI Rule 17 CPC, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal proceedings are conducted efficiently and effectively.

Remember: It is crucial to consult with legal professionals to ensure that all legal requirements are met and that the amendment process is carried out smoothly and correctly.