Shri Gurupad Mayyapa Pujari v. Sou. Sushila Gurupad Pujari & Anr.
Case at a glance
Provisions considered
- Constitution of India art. 227
- Code of Criminal Procedure, 1973 s. 125
Key paragraphs
- Para 44. Subject to what is observed above, the petition is rejected. (A.S.OKA,J.) .....
Judgment
Shri Gurupad Mayyapa Pujari .. Petitioner. v/s.
1. Sou. Sushila Gurupad Pujari & Anr. .. Respondents. --- Mr. Vijay Killedar for the Petitioner. Mr.M.A. Patil for Respondent No.1. Miss. A.T. Javeri, APP for the State. --- CORAM : A. S. OKA, J. DATE : JUNE 15, 2009 P. C. :-
This writ petition under Article 227 of the Constitution of India is filed by the petitioner -husband for challenging the order passed on an application made by the first respondent-wife for amendment of the application under section 125 of the Code of Criminal Procedure,
1973. The main application for grant of maintenance is still pending. 2
The contention of the petitioner is that allowing amendment as prayed by the first respondent amounts to allowing the first respondent- wife to withdraw the admissions made in the petition thereby causing prejudice to the petitioner.
The main application for maintenance is pending. If at all any adverse order is passed on the said application, the petitioner is bound to challenge such adverse orders by filing appropriate proceedings. While filing appropriate proceedings, the petitioner can also challenge the impugned order allowing amendment. At this stage no interference is called for.
Subject to what is observed above, the petition is rejected. (A.S.OKA,J.) .....
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.