SIDDIQ KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Bharat Singh, learned counsel for the applicant and the learned A.G.A

(2.) This application under Sec. 482 CrPC is preferred against the order dtd. 15/1/2015 passed by Principal Judge, Family Court, Badaun, in Criminal Misc. 152 of 2013 (Smt. Shahnaz v. Siddiq) whereby the court below, in proceedings under Sec. 125 CrPC has allowed an amendment.

(3.) The O.P No. 2 filed an application under Sec. 125 CrPC in the year 2007 claiming maintenance for self and on behalf of her minor son Arsan, then aged 9 months, but as the minor did not join as a co-applicant with her mother, she filed an application for amendment (Paper no. 21 Kha) for incorporating the name of his minor son as a co-applicant in the array of parties. The application for amendment was contested by the applicant-husband, on the ground that there is no such provision to seek amendment under Sec. 125 CrPC and the amendment be rejected. The court below allowed the amendment on 15/9/2015, which is impugned herein.