✦ Bombay High Court

Shri Gurupad Mayyapa Pujari v. Sou. Sushila Gurupad Pujari & Anr.

Writ Petition No. 2150 of 2008A S OKA

Case at a glance

Provisions considered

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. :-

1.

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

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.

3.

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.

4.

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.

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