Application for amendment is permissible in domestic violence case

It is clear that the provisions of the  the Protection of Women from Domestic
Violence Act, 2005, are mainly made for giving relief to the affected women, due to
domestic Violence etc..  The respondent in such case is not an accused, until he
commits a breach of an order passed by the Court  under the provisions of the Act.
It is only after such breach, the respondent is treated as an accused under section
31 of the Act. In other words, the proceeding under the Act are of the quasi civil
nature and in such proceeding, the court would have power to allow amendment in
an application and written statement. 
  
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
Criminal Writ Petition No.  143 of 2010
1 Raosaheb Pandharinath Kamble,
  
.....Petitioners.
Vs.
 Shaila Raosaheb Kamble and others
Dated;20 april 2010
Citation;2010 CR L J 3596

1 This writ petition is challenging the order passed by the learned Additional
Sessions  Judge,  Kopargaon  Dist.  Ahmednagar  in Cri.  Revision Application No.
52/2009.  
2 The respondent no. 1 initiated proceeding before learned Judicial Magistrate
(First  Class), Rahata under the provisions of  the Domestic Violence Act, 2005
against the petitioner and his relatives.  The petitioners appeared before the Court
and filed the written statement. Thereafter, on 1
st
 Sept. 2009, the respondent no.1/
wife   filed  an  application  seeking  amendment  in  her  application.   The  learned
Judicial Magistrate (First Class) sought the petitioners' response to such application
which was submitted in writing.  However, before passing of the order, the learned
Judicial Magistrate, did not hear oral submissions of the advocate of the petitioners.
The petitioners then moved an application to the learned Magistrate for recalling of
the order.  They urged the Magistrate to hear them and then pass an order on the3
application once again.  The learned Magistrate rejected their application.  So, the
petitioners went in revision.  The revisional court rejected the revision mainly on the
merits,  holding  that  the  amendment  in  the  application  was  permissible  and  no
prejudice would be caused to the petitioners.
3  The learned advocate appearing for the petitioner asserted that there is no
provisions in the Code of Criminal Procedure or in the The Protection of Women
from Domestic Violence Act(for short the Act), allowing applicant to amend her
application.  He invited my attention to the provisions of Section 12 of the Act and
Rule 6 of The Protection of Women from Domestic Violence Rules, 2006(for short
the Rules).  Rule 6 specifically mentions that, an application under section 12,
should be dealt with and the orders made under the Act should be enforced in the
same manner laid down under section  125 of Cr.P.C.  In other words, it is clear that
an application under section 12 or for that matter, applications under section 18, 19,
20, 22 etc. of the Act, are required to be passed, like the orders are passed on an
application under section 125 and the related provisions.  
4 It is clear that the provisions of the  the Protection of Women from Domestic
Violence Act, 2005, are mainly made for giving relief to the affected women, due to
domestic Violence etc..  The respondent in such case is not an accused, until he
commits a breach of an order passed by the Court  under the provisions of the Act.
It is only after such breach, the respondent is treated as an accused under section
31 of the Act. In other words, the proceeding under the Act are of the quasi civil
nature and in such proceeding, the court would have power to allow amendment in4
an application and written statement.   
5 The petition should fail. It stands dismissed.  The lower court shall decide the
application within six months at least from today.  
Date : 20
th
 April, 10                         [A.V.NIRGUDE,J.]
tsk/ok

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