CHANDRAKANT BHANUDAS LABDE Vs. SHOBHABAI CHANDRAKANT LABDE

JUDGEMENT

(1.) This Criminal Revision Application has been filed by the petitioner Chandrakant Bhanudas Labde for invoking the jurisdiction of this Court under section 401 of the Code of Criminal Procedure to set aside the order passed by the learned Judicial Magistrate, First Class, Shrirampur, dated 11-11-1982 whereunder the learned Judicial Magistrate permitted the amendment of an application filed under section 125 of the Code of Criminal Procedure.

(2.) Shobha Chandrakant Labde, who is respondent No. 1 herein and who has not appeared though served, filed an application under section 125 of the Code of Criminal Procedure against her husband Chandrakant Bhanudas Labde, the petitioner herein, praying for maintenance at the rate of Rs. 500/- per month. The learned Judicial Magistrate commenced the hearing of the petition and respondent No. 1 (who will hereinafter be referred to as "the wife") examined herself and one other witness on her behalf. At this stage, the learned Advocates appearing on behalf of the wife realised that an important averment which should have found place in the application had not been made through oversight or negligence. The averment was that "the petitioner was unable to maintain herself and had no source of Income."

(3.) On 8-10-1982 an application for amendment of the application under section 125 of the Code of Criminal Procedure was made before the learned Judicial Magistrate by the Advocate of the wife. The Advocate for the husband, the petitioner herein, opposed the application. The learned Magistrate after hearing both the parties, delivered an elaborate order granting leave to the wife to amend her application under section 125 of the Code of Criminal Procedure.