CHINNAPPAIYAN CHELLANDI Vs. CHINNATHAYEE CHINNAPPAIYAN

JUDGEMENT

(1.) An interesting question, "whether the Court, before which a proceeding under Section 125 of the Code of Criminal Procedure, 1973 is pending, can permit the litigant to amend the petition?" has arisen for consideration?

(2.) Claiming to be the wife of the Petitioner, the Respondent herein filed M.C. No. 12 of 2004 on the file of the Judicial Magistrate No. II, Mettur Dam, Salem District for maintenance. In the said petition, she had alleged that the marriage between her and the Petitioner was celebrated on 10th Vaigasi (Tamil month) about 29 years ago and a child was born to them on 10th Vaigasi in the year 1976. In the counter affidavit filed by the Petitioner herein before the trial Court, the marriage as well as the birth of the child to them were denied.

(3.) Subsequently, the Respondent filed a petition (disposed of unnumbered) seeking to permit her to amend the said petition with reference to the age of the Respondent and that of the Petitioner, the date of marriage between them and few more details regarding certain immovable properties owned by the Petitioner. It was opposed by the Petitioner by filing a counter thereby mainly contending that there is no provision enabling such amendment; and that if the amendment is, for any reason, allowed, it would change the very character of the petition and therefore, the same should not be allowed. Having considered the above rival submissions, the learned Magistrate by order dated 21.04.2006 allowed the petition. Aggrieved over the same, the Respondent therein is now before this Court with this revision.