125 crpc
simran singh
(Querist) 05 August 2013
This query is : Resolved
can a maintenance application be amended? if yes under which section? only the pleadings have to be changed not the amount.
Deepak Nair
(Expert) 05 August 2013
An application for amendment of petition u/s 125 of IPC can be filed before the magistrate.
There is no specific provision in the CrPC which prohibits the magistrate to exercise the power to permit the amendment.
Such amendments are purely of procedural nature and the magistrate can exercise his ancillary power to permit such amendments if he deems fit.
Deepak Nair
(Expert) 05 August 2013
there are loads judgments. you can find them online too..
Rajendra K Goyal
(Expert) 05 August 2013
Can be amended search judgements on google.
Deepak Nair
(Expert) 06 August 2013
Hi Simran Ji,
The application of amendment is just a procedural one and the magistrate can permit amendment if such amendments does not affect the subject matter, or if magistrate feels that it may fill the lacuna of evidence.
If it is for corrections etc., the magistrate can allow the same on an application made on a plain paper with appropriate court fee stamp affixed.
There is no provision in CRPC for such amendments, as it is just procedural.
