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2022 Supreme(AP) 785

B. S. BHANUMATHI
Munavath Jayaram Naik – Appellant
Versus
Munavatha Sri Usha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Thota S V L Narasimhaswamy

ORDER :

The short question that fell for consideration in this revision petition is whether a petition filed on under Section 18 of the Hindu Adoption and Maintenance Act, 1956, before a Family Court can be permitted to be amended as a petition filed under Section 125 of Cr.P.C.

This revision petition is filed under Article 227 of Constitution of India against the order, dated 05-02-2020, allowing I.A.No.966 of 2019 in O.P.No.1236 of 2014 on the file of the Court of Family Court-cum-V Additional District Judge, Visakhapatnam, filed by the respondents herein against the revision petitioner under Order VI Rule 17 CPC to amend the provision of law in the petition in O.P.1236 of 2014 by substituting the words “petition filed under Section 125 of the Code of Criminal Procedure, 1973” for “petition filed under Section 18 of Hindu Adoption and Maintenance Act”.

2. The respondents herein originally filed petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (for short, ‘HAMA’) vide O.P.No.1236 of 2014, against the revision petitioner for maintenance. As the revision petitioner contested the petition on the ground that the provisions of HAMA are not applicable to community

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