MADHAVI Vs. THUPRAN

JUDGEMENT

(1.) First petitioner is one Padikkappurath Madhavi and petitioners 2 to 7 are her minor children. Respondent is the husband of the 1st petitioner and father of petitioners 2 to 7.

(2.) For herself and on behalf of minor petitioners 2 to 7 the 1st petitioner filed M .C. 17/82 before the Judicial I Class Magistrate, Tirur, against the respondent for maintenance under section 125 of the Code of Criminal Procedure. By a clerical mistake her name was written in th8 petition as Malathi instead of Madhavi. Respondent admitted marriage as well as paternity though he raised a contention that his wifes name is Madhavi and he did not marry a lady by name Malathi. In spite of the mistake in name, identity of the first petitioner as his wife was never in dispute in the counter, though at the stage of evidence as R.W. 1 the respondent stated that though he married one Madhavi, petitioners 2 to 7 are not his children. This contention contrary to the admission in the pleadings was rightly negatived by the Magistrate accepting the evidence of Madhavi.

(3.) Madhavi thereafter filed a petition for permission to correct her name into Madhavi. The Magistrate disallowed the prayer saying that it will amount to amendment of pleading for which the criminal court has no jurisdiction. In spite of such an order the first petitioner gave evidence before court as P.W. 1 that she is not Malathi but Madhavi. Accepting that evidence, especially on the ground that her identity and relationship are not disputed, while passing the final order the Magistrate held that the name stated in the petition as Malathi is only a clerical mistake and the person who filed the petition as first petitioner is Madhavi, the mother of petitioners 1 to 7 and wife of the respondent. Maintenance was accordingly awarded to all.