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I have filed an RCR (Restitution of Conjugal Rights) petition. My marriage was a special marriage (registered before the marriage day), so it should fall under Section 22. However, my lawyer mentioned Section 9 of the Special Marriage Act in the petition. I believe this is technically incorrect, and now a summon has been sent to the opposite party. Can the opponent raise an objection to dismiss the case on the grounds of the wrong section being mentioned? Will this impact my case negatively and cause problems at a later stage? What are the options available to correct this issue?
You can file an amendment petition to correct the section error. This would not affect the case significantly if done promptly. Consult your lawyer to submit the correction with the court. The court may accept the correction as a clerical mistake without dismissing the case. For further legal assistance contact us on our helpline number.