9911796707
TMI Blog2003 (10) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... herein filed a petition under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. According to her claim, the counter petitioner in the M.C. has promised a mahar of 28 grams of gold ornaments and it was given. At the time of evidence, the counter petitioner (husband) deposed that out of the mahar promised, only 14 grams of gold was given. Contention of the husband was that since the marriage was not consummated, he has obligation only to give 50% of the mahar promised. According to the wife, the marriage was already consummated. She filed a petition to amend the petition stating that out of the 28 grams of gold promised as mahar, only 14 grams were received and averment in the petition that the entire mahar promised was pai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e court further held that the fact that provisions occur in the Code of Criminal Procedure and not in the Code of Civil Procedure and the fact that the recalcitrant opposite party who suffers the order of maintenance and does not obey the order may have to go to prison will not change the nature of proceedings from civil to criminal. In Nanda Lal v. Krishna Lal (AIR 1960 SC 882), the Supreme Court held that the provisions under Chapter IX of the Code of Criminal Procedure are essentially civil in nature. The judgment in Balan Nair's case was considered but not followed by the subsequent Full Bench in Sathyabhama's case (supra) in view of the Apex Court decision in S.A.L. Narayanan Row and Anr. v. Ishwarlal Bhagwandas and Anr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expressed by Larger Benches in preference to those expressed by smaller Benches. As such We would be justified in holding that as regards the nature of the proceedings under Chapter IX Cr. P.C. we are bound by the decision in Narayan Row's case (supra) . There, the Full Bench was considering the question whether revision application filed from Family Court is to be considered as a Criminal Revision Petition or Civil Revision Petition. The court held that it should be considered as a Criminal Revision Petition. Even in the first Full Bench decision though observed that it is essentially a civil proceedings, it was held that it was a quasi criminal proceedings. The court only held that the remedy of the person who suffers an ex par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1986. It is a self-contained Code. The Central Government has also framed Muslim Women (Protection of Rights on Divorce) Act, 1986. Rule 4 proviso made specifically for proceeding with the case ex pane and for setting aside the ex pane order. In both the Act and Rules wherever the procedure as per the Code of Criminal Procedure is to be taken, that is specifically mentioned. Effect of Section 5 of the Act is that operations of Section 125 or 127 of the Act are excluded on the commencement of the Act. Even pending applications under Section 125 or 127 of the Code have to be disposed of in accordance with the provisions of the Act unless separate affidavit or declaration is made as provided under Section 5 as can be seen from the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abuse of the process of the court or to secure the ends of justice. Powers under Section 482 of the Code of Criminal Procedure is sparingly used by this Court. I am of opinion that by allowing the amendment application, no injustice is caused. It cannot be stated that there is abuse of the process of the court or miscarriage of justice. Of course, the Magistrate can decide the matter only on the basis of evidence adduced. There is no necessity to quash the order. 5. Petitioner is free to file counter to the amended application and parties shall he allowed to adduce evidence. For the reasons stated above, I decline to quash the impugned order by using powers under Section 482 of the Code of Criminal Procedure. The Crl. M.C. is dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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