- 21-Dec-2024
- Family Law Guides
In Indian law, a divorce petition can be filed on various grounds, such as cruelty, adultery, desertion, irretrievable breakdown of marriage, and others specified under the Hindu Marriage Act, 1955, Special Marriage Act, and other personal laws.
Once you file a divorce petition, the grounds for divorce are usually stated in the petition. However, it is possible to change or amend the grounds for divorce after the petition has been filed, though there are legal procedures and certain implications that need to be considered.
Yes, you can request to change the grounds for divorce, but it involves certain legal procedures:
If a party wishes to modify or amend the grounds for divorce after filing the initial petition, they must file a petition for amendment with the family court where the original divorce petition is pending. The amendment petition must request that the grounds for divorce be changed, along with the reasons why the change is necessary.
The court has the discretion to allow or deny the request for amendment. The court will consider whether the amendment is in the interest of justice and whether the change in grounds will not cause unnecessary delay or prejudice to the other party. The court may allow amendments if they do not significantly alter the nature of the case or introduce entirely new facts.
It is generally better to request the change in grounds at an early stage in the proceedings. If the matter has already progressed to a stage where evidence has been recorded or the case is about to go for a final hearing, the court may be reluctant to allow any significant changes to the grounds. The change should not disrupt the proceedings.
Delay in proceedings: Changing the grounds may lead to delays in the case, especially if it requires re-filing or a new set of evidence to support the new grounds.
Prejudice to the other party: If the change in grounds is substantial or if the new grounds introduce fresh facts or legal arguments, the court may require the other spouse to have an opportunity to respond, which could lead to delays or complications in the case.
Sometimes, new evidence may come to light after the divorce petition has been filed, and the party may decide to change the grounds of divorce to better reflect the evidence available. For example, a petition based on cruelty may be amended to include adultery if new evidence supporting infidelity becomes available.
A party may decide to change the grounds for divorce if it is believed that the new grounds are stronger or more likely to succeed. For instance, if a divorce petition based on mental cruelty does not seem to be progressing well, the petitioner might want to shift the grounds to irretrievable breakdown of marriage, which is often easier to prove if the parties have been living separately for a long time.
A spouse might also change the grounds for divorce after receiving legal advice, particularly if the initial grounds are not well substantiated or if new legal arguments are available.
Under the Hindu Marriage Act, the grounds for divorce are listed in Section 13. These include:
If a spouse wishes to change the grounds, it could be because the original grounds are difficult to prove or because new circumstances have emerged that would make another ground more applicable.
The spouse must formally apply to the family court to amend the petition. This request is made through an amendment application filed under Order VI, Rule 17 of the Code of Civil Procedure (CPC).
In the amendment petition, the spouse must clearly state why the change in grounds is necessary and why the initial grounds need modification. The court will look at whether the new grounds are relevant to the case and whether the change is fair to both parties.
The court will schedule a hearing to consider the amendment petition. Both parties will be allowed to present their arguments on the request. The court will then decide whether to permit the change.
The court may grant or reject the amendment request. If allowed, this could lead to some delays as the new grounds may require additional evidence or witnesses.
Original Petition: A wife files for divorce on the grounds of cruelty (verbal abuse and neglect) but later discovers evidence that her husband has been cheating on her, which might strengthen her case for divorce.
Amendment Request: She may then file an amendment petition to change the grounds of divorce from cruelty to adultery, supported by new evidence such as photographs or emails showing her husband's affair.
Court Decision: If the court finds the new grounds reasonable and justifiable, it will permit the amendment, although the process may take some additional time.
Yes, you can change the grounds for divorce after filing, but the process involves filing an amendment petition with the family court. The court will assess whether the change is justified and whether it causes undue delays or prejudice to the other party. It is important to ensure that any change in grounds does not disrupt the progress of the case significantly and that you have solid evidence to support the new grounds.
Answer By Law4u Team
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