MUNAVATH JAYARAM NAIK Vs. MUNAVATHA SRI USHA

JUDGEMENT

(1.) The short question that fell for consideration in this revision petition is whether a petition filed on under Sec. 18 of the Hindu Adoption and Maintenance Act, 1956, before a Family Court can be permitted to be amended as a petition filed under Sec. 125 of Cr.P.C.

(2.) The respondents herein originally filed petition under Sec. 18 of the Hindu Adoption and Maintenance Act, 1956 (for short, "HAMA") vide O.P.No.1236 of 2014, against the revision petitioner for maintenance. As the revision petitioner contested the petition on the ground that the provisions of HAMA are not applicable to community of the schedule tribes unless a notification issued by the Central Government is published in the official Gazette as required under Sec. 2(2) of the HAMA, the respondents herein filed I.A.No.966 of 2019 to amend the provision of law of the petition in O.P.No.1236 of 2014 from Sec. 18 of HAMA to Sec. 125 of Cr.P.C.

(3.) The petition in I.A.No.966 of 2019 was opposed on the ground that the civil case cannot be converted as a criminal case by amending the petition under Order VI Rule 17 of CPC. The Family Court passed the Order as follows: