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Issues:
1. Correction of name in a maintenance petition under Section 125 of the Code of Criminal Procedure. 2. Jurisdiction of criminal court to allow amendment of pleadings. 3. Revision filed against the Magistrate's order by the respondent. 4. Sessions Judge's decision to set aside the maintenance petition. 5. The nature of proceedings under Section 125 of the Code. Analysis: 1. The case involved a petition for maintenance under Section 125 of the Code of Criminal Procedure, where the first petitioner's name was erroneously mentioned as Malathi instead of Madhavi. The respondent admitted marriage and paternity but contested the children's paternity. The Magistrate awarded maintenance, considering the clerical mistake and identity confirmation by the first petitioner. 2. The first petitioner sought permission to correct her name, which the Magistrate denied, citing jurisdictional limitations. Despite this, the first petitioner testified to her correct name, leading to the Magistrate recognizing the clerical error and granting maintenance. The respondent challenged this in a revision petition before the Sessions Judge. 3. The Sessions Judge set aside the maintenance order, criticizing the Magistrate for allowing the correction and awarding maintenance based on an affidavit. The Judge opined that the Magistrate should have dismissed the petition if he couldn't amend the pleadings. The Sessions Judge sympathized with the minors affected by the decision. 4. The High Court criticized the Sessions Judge's decision, questioning the setting aside of maintenance for the minors. The Court emphasized the importance of correcting clerical errors to serve justice, especially when the parties' identities were clear. The Court highlighted the social purpose of Section 125 proceedings and the need to avoid technical denials of relief. 5. The Court clarified that proceedings under Section 125 are civil in nature, aiming to prevent vagrancy and enforce maintenance liability. It emphasized the importance of considering the substance over form, allowing corrections for justice. The Court reinstated the Magistrate's order, emphasizing the need to prevent miscarriages of justice and uphold the purpose of the provision.
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