EHSAN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this application has prayed for quashing the order dated 15.9.2005 passed by the Principal Judge, Family Court, Bokaro, in Maintenance Case No. 39 of 2003 whereby prayer of the Opposite Party No. 2 for allowing certain amendments to be carried out in the application under Section 125 Cr.P.C. has been allowed.

(2.) THE factual background of the case is that the opposite party No. 2 Claiming herself to be the wife of the petitioner has filed an application for maintenance under Section 125 Cr. P. C. along with Sections 3, 4, 5 of the Muslim Women's (Protection of Rights on Divorce) Act 1986, which is pending enquiry before the learned court below. While seeking to make amendment, the opposite party No. 2 has wanted to delete the words 'And under Sections 3, 4, and 5 of the Muslim Women (Protection of Rights on Divorce) Act. 1986' appearing in the cause title after the name and address of the opposite party and after the words Cr.P.C. She has also wanted to insert a new paragraph as paragraph 1(a) containing the following statement: That the petitioner was earlier married with one Md. Ali Sabbir Ansari on 24.11.1997 but the petitioner was divorced by her husband namely Ali Sabbir Ansari in presence of the members of the Islahul Muslemin committee on 11.10.1999 as per the Muslim rites and customs She has further wanted that after the word 'that' in the first line of paragraph 2 of her petition, the word 'thereafter' be added and the word 'was' be substituted by words 'has been' in the same line.

(3.) THE main ground advanced by the petitioner in support of his prayer for quashing the impugned order of the learned court blow is that the prayer for amendment as made by the opposite party No. 2 is totally alien to the provisions of the Code of Criminal procedure, since the Code does not contain any provision allowing amendment to the petition and neither has any provision for amendment of the petition been incorporated or described or permitted in the Family Courts Act, 1984.