JAKI AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the petitioner on repeated calls, it appears that as the case is of the year, 2016, as such the same is being taken up and disposed of at the stage of admission itself.

(2.) This revision application has been directed against the order dated 30.6.20116 passed by the learned Principal Judge, Family Court, Saharsa in Misc. Case No.162 of 2009, whereby and whereunder the learned court below has been pleased to allow amendment petition dated 15.1.2011 at the cost of Rs.500/-

(3.) Facts giving rise to this Revision Application in short is that the Opposite Party No.2 has filed an application under Section 125 Cr.P.C. against the petitioner (husband) for maintenance of Rs.9,000/- per month. It further appears that the maintenance case was dismissed vide order dated 26.3.2009 for want of prosecution as such the Misc. Case No.85 of 2006 was filed, in which one witness was examined and cross examined. It further appears that on notice the petitioner appears before the learned Family Court, filed a show cause denying the claim of the maintenance on the ground that he has already pronounced three talaque to the Opposite Party No.2 as such she is not entitled for maintenance. It further appears that on 15.1.2011 Opposite Party No.2 filed an application for making amendment in the plaint of the present case, however, he has not raised objection but again she filed another application dated 26.11.2015, which was allowed. It further appears that the petitioner has filed show cause to raise objection against the amendment application in the proceeding under Section 125 Cr.P.C., the learned court below has allowed the amendment application vide order dated 30.6.2016.