Hello,
You can mutually move an application for amendment, you will not have to file a fresh application for mutual divorce. This is not a very big mistake, do not worry and move an application for amendment through your advocate.
Regards
Divorce by mutual consent
My husband and me decided to get divorce by mutual consent and file affidavit for mutual consent but after some days I got a mistake in affidavit about date of separation can i correct this mistake or both of us have to file New affedevit. What is remedy further pls pls give me answer...
Asked 8 years ago in Family Law
Religion: Hindu
12 Answers
Can my children apply for non creamy layer bcoz my husband and me get separated about 5 year before
Asked 8 years ago
yes they can
If you have already agreed on mutual terms , then there is no need to get it rectified.. However, you can both do so by giving an application to the court..
1) you can execute supplementary affidavit mentioning correct date of separation
Your children can apply for OBC NL certificate inspite of fact that you separated from your husband
Seek leave from the Court to make the requisite correction. Once the Court grants you the permission, correct the date in the record of the Court.
An amendment petition can be filed to correct the mistake .
It is income of the family and not your matrimonial status which determines the creamy layer of the children.
Withdraw the mutual consent divorce petition and file the same fresh.
Non crème layer certificate can be apply if come under that catagory
For divorce on mutual consent, if you have made the pleadings in the petition about date of separation properly then it is sufficient.
The mistake in the affidavit submitted along with the petition generally goes unnoticed.
Which affidavit are you referring to here.
However during deposing evidence you can give the correct date of separation before court.
Can my children apply for non creamy layer bcoz my husband and me get separated about 5 year before
The children if otherwise are eligible for concession under non-creamy lawyer, they can apply or it, but for non-creamy lawyer, the status of both the parents are taken into consideration.
1. You shall have to file the petition afresh after withdrawing the faulty petition.
2. The date of cooling period will start from the amended petition if you so file for which it is advisable to file the petition afresh after carefully verifying the same.
Your children will have the caste status exactly that of your husband even after your divorce with him.