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