Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - Power to permit amendment being purely procedural in nature, Magistrate can permit amendment even in the absence of any provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, Civil Procedure Code, 1908, Order 6, Rule 17 -- Maintenance - Amendment of petition - Proceedings are quasi civil in nature meaning thereby that it has ingredients of both civil and criminal - There is no specific bar that provision of O.6.R.17 CPC is not applicable in case u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Proceedings are quasi civil and quasi criminal - Amendment sought is only for addition of minor children in the petition and that does not make any difference in the nature of application - Order allowing amendment, upheld...........
Criminal Procedure Code, 1973, Section 125 -- Amendment of maintenance petition - Permissibility - Application filed by wife for amending her original maintenance petition during course of proceedings u/s 125 Cr.P.C. can be allowed - Contention that there is no provision under Cr.P.C. for permitting amendments in pleadings in the form of applications or replies before..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - If amendment sought for does not constitute a new cause of action or raise a new case, but only amounts to adding to the facts already on record, the amendment sought for can be allowed even after the statutory period of limitation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - To claim enhanced maintenance - There is no specific prohibition in the Cr.P.C. for allowing the petition for amendment in the proceedings under Chapter IX of the Code - Amendment allowed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of petition - To claim enhanced maintenance - Proceedings u/s 125 Cr.P.C. are criminal in nature - Provision of O.6.R.17 CPC cannot be made applicable for amendment of a petition in a proceeding u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Amendment - Proceeding is of civil nature - Pleadings in proceedings are like pleadings in civil cases - Amendment can be allowed...........
Criminal Procedure Code, 1973, Section 125 -- Amendment of maintenance petition - Petition claiming maintenance for child - Amendment of petition sought to claim maintenance by wife for herself too - Amendment allowed - Order upheld...........
