Amendment in domestic voilence
Niny
(Querist) 19 October 2012
This query is : Resolved
Application under DV act was filled for only RESIDENCE, This application was not in format required under DV act,
After about 2 yrs of filling of this case an application for amendment is made,
amendment includes MAINTENANCE & RESIDENCE.
1.>Can amendment in DV case be allowed?
2.>Can it be permitted after such a long time that too when delay is caused by applicant herself?
3.>In case amendment is allowed maintenance is to be paid from the date of filling of the case or from the date of amendment or date of order?
Devajyoti Barman
(Expert) 19 October 2012
Well, amendment after such delay and that too without any explanation is not maintainable.
Is the interim order of any nature passed in the mean time? If yes then there is no question of order from the date of filing.
V R SHROFF
(Expert) 19 October 2012
Amendment to fill up the lacuna in prosecution is not allowed.
Niny
(Querist) 19 October 2012
No interim order is passed, earlier application did not contained any interim relief, in fact after my appearance in may 2010 no further steps were taken in this case.
Only on last date she (applicant) change her advocate and filed this application for amendment.
In case amendment is not allowed application will be dismissed as not in format as per DV act, and i win!
Burman Sir, can u provide any citation that such amendment is not maintainable.
thank you.
Niny
(Querist) 19 October 2012
Shroff sir , any citation Plz
i need for supporting my say against this application.
Devajyoti Barman
(Expert) 19 October 2012
Well. filing of complaint in the particular format as provided for in the Act is nit mandatory.
Nadeem Qureshi
(Expert) 20 October 2012
Dear Querist
amendment in the application is comes under order 6 rule 17 and if the court is satisfied that the nature of the complaint/suit has not been changed by this amendment, the court can allow the application after given opportunity to heared both the parties on this amendment application.
Dr J C Vashista
(Expert) 22 October 2012
Amendment in the complaint/suit is maintainable u/O VI Rule 17 CPC any time till settlement of issue(s).
No impediment. I disagree with the experts
Arun Kumar Bhagat
(Expert) 13 November 2012
Domestic Violence Act is criminal proceeding quasi civil in nature. Magistrate is empowered to frame its own rule notwithstanding cr.p.c. Amendment may be allowed to avoid multiplicity of the proceedings.
