Criminal Procedure Code, 1973
Sections 125 & 482—Order passed by Family Court permitting respondent-wife to file fresh income affidavit in a maintenance case—Challenged—Objective of the provisions of the Family Courts Act is to reach at the truth of facts and technicalities cannot be permitted to prevail—Family Court after appreciation of facts correctly permitted the filing of fresh affidavit instead of amendment of earlier affidavit to enable the parties to bring out any inconsistencies or discrepancies for consideration—Order passed by the Family Court permitting to file a fresh/amended affidavit furnishing necessary details does not require any interference and shall enable the Court to rightly consider the fixing of maintenance amount—Petition dismissed.
[Paras 8 to 10]
Decision : Petition dismissed