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Supreme Court Of India

(From : Hyderabad)*

Hon'ble Judge(s): A. K. Sikri, R. K. Agrawal , JJ

Protection of Women From Domestic Violence Act (43 of 2005) , S.28, S.26— Criminal P.C. (2 of 1974) , S.200— Civil P.C. (5 of 1908) , O.6 R.17— Petition/complaint under Act -Amendment of - Permissible - Court dealing with petition/complaint filed under Act - Has power to allow amendment. A court dealing with the petition/complaint filed under the provisions of the Domestic Violence Act, 2005 has power to allow amendment to the petition/complaint originally filed. The very purpose of enacting the DV Act was to provide for a remedy which is an amalgamation of civil rights of the complainant i.e aggrieved person. Intention was to protect women against violence of any kind, especially that occurring within the family as the civil law does not address this phenomenon in its entirety. It is treated as an offence under Section 498A of the Indian Penal Code. The purpose of enacting the law was to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. It is for this reason, that the Scheme of the Act provides that in the first instance, the order that would be passed by the Magistrate, on a complaint by the aggrieved person, would be of a civil nature and if the said order is violated, it assumes the character of criminality. It cannot be said that the Co....