ORDER

Dated this the 15th day of September, 2021 This petition is filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner in M.C.No.196/2017 on the files of Family Court, Tirur (for short, 'the court below'). The grievance of the petitioner was that the applications filed by her as CMP No.1/2021 and CMP No.2/2021 in M.C.No.196/2017 have been dismissed by the court below by a common order dated 03.08.2021. The above applications were filed seeking for amendment of the M.C and for receipt of the belatedly produced documents in evidence. According to her by dismissing those applications, the right of the petitioner to produce some relevant materials have been denied by the court below and therefore the order needs to be set aside.

2. This Court has noticed from the impugned common order, a copy of which is produced alongwith, that the application seeking amendment of the M.C. and reception of belatedly produced documents in evidence were dismissed by the court below for the reason that the evidence in M.C.No.196/2017 have already been concluded on 18.09.2020 and that it is open to the petitioner to project the change in circumstances now sought to be added in the original M.C by way of amendment, in an application moved under Section 127 Cr.P.C and the documents proposed to be received now could also be adduced in the enquiry to be held in the said application, if filed.

3. It is noticed from the impugned common order that the evidence in the M.C. is already over on 18.09.2020. It is submitted by the learned counsel for the petitioner that after closing the evidence in the M.C. orders have not been passed till date. According to the learned counsel, it was due to the prevailing Covid-19 pandemic.

4. Since evidence was completed on 18.09.2020, it is for the court below to pass orders in the M.C. at the earliest. Due to the delay occurred in passing of final orders in the M.C. that applications were moved by the petitioner. The child who was minor at the relevant time of filling of the M.C. has started his education and to apprise the said factum for consideration that applications seeking amendment and reception of additional documents were filed.

5. It is pertinent to note that once the evidence is over, if applications of the nature are allowed, everything have to be started from day one. The evidence has to be re-opened. The counter petitioner must also be granted with reasonable opportunity to file his objections and opportunity must also be granted to both parties to adduce evidence regarding the change in circumstances brought in by way of amendment. That undoubtedly would be a tedious process. The amendment now proposed to be carried out and the additional documents now proposed to be received in evidence could only be allowed during an enquiry to be held in an application, if filed under Section 127 Cr.P.C. The court below has rightly dismissed the applications. Therefore, this Court finds no reason to interfere with the common order under challenge.

Crl.M.C. fails for the reasons. But, since it has been brought to knowledge that an order is not passed in the M.C., the Crl.M.C. stands disposed of with a direction to the court below to pass appropriate orders in the M.C. not later than two weeks from the date of receipt of a certified copy of this Order there.

Sd/-

MARY JOSEPH JUDGE

MJL

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE-1: THE CERTIFIED COPY OF THE COMMON ORDER DATED 03.08.2021 IN CMP NO.1/2021 AND 2/2021 OF THE FAMILY COURT, TIRUR.

RESPONDENTS' ANNEXURES: NIL /TRUE COPY/

P A TO JUDGE