THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5937 OF 2009 Dated : 24.11.2009 Between : Gudiwada Ashalatha ….. Petitioner a n d 1) Gudivada Seshagiri Rao 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5937 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner seeking to quash the order, dated 13.07.2009 passed in Crl.M.P.No.114 of 2009 in M.C.No.178 of 2004 on the file of the Family Court-cum-IV Additional District & Sessions Judge, Vijayawada. 2) Heard both sides. 3) The petitioner herein filed the impugned petition for re-opening the main M.C. for filing petition for amending the prayer and also for adducing additional evidence, which was rejected by the learned Judge. 4) In this case the petitioner/wife in M.C.No.178 of 2004 wanted to amend the prayer for the reason that by the time the matter came up for hearing, the salary of the respondent/husband went up, the learned Judge dismissed the petition holding that it is a belated petition. 5) The maintenance case was filed in the year 2004 and by now definitely the salary of the respondent must have gone up and the petitioner wanted to suitably amend the prayer. As nothing was wrong in it, such petition could not have been dismissed on the ground of delay. 6) Hence, considering the above circumstances, this petition is allowed. ______________________ P.SWAROOP REDDY, J 24th November, 2009 SUR