SAN. KAVITA VINAYAKRAO DHOPTE Vs. VINAYAKRAO RAMCHANDRA DHOPTE

JUDGEMENT

(1.) Heard. Rule, made returnable forthwith. Heard finally by consent of the parties.

(2.) By this petition, the petitioner has challenged the legality and correctness of the order dated 07/6/2014 passed by Judge, Family Court, Nagpur, thereby allowing an application (Exh. 28) filed by the respondent for grant of permission to amend his composite reply to the application filed by the petitioner under Section 125 of the Criminal Procedure Code, claiming maintenance from the respondent.

(3.) It so happened that in the proceedings initiated under Section 125 Cr.P.C. at the instance of the petitioner, on 20/3/2014, the respondent filed an application seeking grant of permission of the Court to amend the composite reply and written statement. That was the stage when evidence had already commenced and an affidavit in lieu of examination-in-chief had been filed on record on that very date by the petitioner and her statement of oath, in support of her averments in the affidavit had also been recorded and the matter was fixed for further examination-in-chief to enable the petitioner to prove some documents. The application was strongly opposed by the petitioner. However, learned Judge of the Family Court was of the view that out of two paragraphs sought to be amended by the amendment, one paragraph could be allowed to be added as contentions were necessary for effective adjudication of the petition. Therefore, the learned Judge partly allowed the application by imposing costs of Rs. 500/-. Not being satisfied with this order, the petitioner is before this Court in the present petition filed under Articles 226 and 227 of the Constitution of India.