9911796707
|
Home
Issues involved: Challenge to order passed by Additional Sessions Judge under Domestic Violence Act, 2005 for amendment in application.
The writ petition challenged the order passed by the Additional Sessions Judge, Kopargaon, Dist. Ahmednagar in Cri. Revision Application No.52/2009. The respondent No. 1 initiated proceedings under the Domestic Violence Act, 2005 against the petitioner and his relatives. The petitioners filed a written statement and the respondent No. I/wife filed an application seeking an amendment. The petitioners requested the Magistrate to hear them before passing the order, but their application for recall was rejected. The revisional Court upheld the amendment, stating that no prejudice would be caused to the petitioners. The advocate for the petitioner argued that there are no provisions in the Code of Criminal Procedure or the Protection of Women from Domestic Violence Act allowing for the amendment of the application. He referred to Section 12 of the Act and Rule 6 of the Protection of Women from Domestic Violence Rules, 2006, which specifies that applications under the Act should be dealt with in a similar manner as applications under Section 125 of the Code of Criminal Procedure. The Act aims to provide relief to affected women from domestic violence, and the respondent is not considered an accused until breaching a court order under the Act. The proceedings under the Act are quasi-civil in nature, allowing for amendments in applications and written statements. The judgment concluded that the provisions of the Protection of Women from Domestic Violence Act, 2005, are designed to provide relief to women affected by domestic violence. The respondent is not treated as an accused until breaching a court order under the Act. The Court has the power to allow amendments in applications and written statements in quasi-civil proceedings. The petition was dismissed, and the lower Court was directed to decide on the application within six months from the date of the judgment.
|
