KHAJA IFTHEQAR AHMED Vs. MASTER DURRAN

JUDGEMENT

(1.) The present writ petitions are filed by the respondent in Crl.Misc.No.392/2011 which is instituted under Sec. 125 (1)(B) of Cr.P.C on the file of the I Additional Principal Judge, Family Court at Bengaluru (for short "the learned Family Court") by the petitioner's minor son represented by his mother - Ms.Fameeda Khan. The writ petition in W.P.No.49490/2013 is filed impugning the order dated 27.08.2013 awarding interim maintenance to the minor son at the rate of Rs.10,000.00 per month, and the writ petition in W.P.No.3323/2018 is filed impugning the order dated 17.07.2017 allowing application (I.A.No.10) filed on behalf of the respondent for amendment of the petition in Crl.Misc.No.392/2011.

(2.) The learned Family Court, by the order dated 27.08.2013, has directed the petitioner - father to pay the interim maintenance at the rate of Rs.10,000.00 per month to the respondent, a minor son, who is represented by his mother, Ms. Fameeda Khan whose marriage with the petitioner herein is admittedly dissolved. The learned Family Court, by the other impugned order dated 17.07.2017, has permitted the respondent herein to amend the petition to include additional paragraphs and also amend the amount claimed as maintenance. It is undisputed by the learned counsel for the parties that after the impugned order dated 17.07.2017, amendment has been carried out and the amended petition is also filed.

(3.) Mr. M.P.Srikanth, the learned counsel for the petitioner submitted that even though the jurisdiction of the Court to allow the amendment in a proceedings under Sec. 125 of Cr.P.C is not disputed, the learned Family Court has erred in allowing the amendment application i.e., I.A.No.10 filed by the respondent in the facts and circumstances of the case. The respondent's evidence is completed, and at this stage, the present application I.A.No.10 is filed seeking amendment of the petition, seeking enhancement of compensation and setting up additional pleadings. As such, the application is belated, and therefore, the application for amendment could not have been allowed.