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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the Petitioner has challenged the order dated 10.06.2011, passed by Judge, Family Court, Dehradun, Whereby said court has rejected 2 the application u/s 311 Code of Criminal Procedure, moved in Criminal Miscellaneous Case No. 294 of 2008, Km. Shailja Rawat v. Arjun Singh.
Learned Counsel for the Petitioner pleaded that in the changed circumstances an application was moved in order to adduce the additional evidence. However, after going through the papers on record, and after considering the submissions of learned Counsel for the Petitioner, this Court finds that the trial court has to see the fact as it existed on the date of application for maintenance moved, and accordingly the evidence has been adduced by the parties in case. This Court agree with the learned trial court that the object of Section 311 Code of Criminal Procedure, is not to fill the lacunae in the evidence of any party. As far as the change circumstances are concerned, application u/s 125 Code of Criminal Procedure, itself takes care of the same, and once the maintenance is awarded, it can be got modified in the changed circumstances by moving an application before the court concerned.
For the reasons as discussed above, this Court finds no illegality on the part of the trial 3 court in rejecting the application u/s 311 Code of Criminal Procedure Accordingly, the petition u/s 482 Code of Criminal Procedure, is dismissed summarily.