Domestic violence :
Niny
(Querist) 19 July 2012
This query is : Resolved
A Domestic Violence Application was filed in JMFC Court before 2 1/2 year, in Jan 2010.
Respondent appeared and filed Say & WS, before Two years.Nothing proceed further for last Two years, no order, no action. Both Sr. Citizen residing in same house.
Now Applicant changed her Advocate, abd applied for AMENDMENT IN THE COMPLAINT , with totally new facts. demanding lakhs of Rupees of Compensation caused in last 30 years of married life.
My Query is as under:
1. Can the Applicant pray for, and can the court allow AMENDMENTS, to fill up the Lacuna in criminal Procedure of D.V. Act??
2.As no history was given, of any harassment in original Complaint. Can she include new and extra fact in the same Application filed in Jan 2010.
3. Should Court direct to file New Application, asking her to withdraw the present Application??
Kindly help, whether any legal procedure or not??
In am for Husband.
Devajyoti Barman
(Expert) 19 July 2012
1. There is no specific provision for amendment of complaint in CrPC though the court in course of discharge of its functions does allow such prayer. So you can challenge its maintainability.
2. No subsequent event could be included.
3. Well that would amount to dismissal of the instant case and filing a fresh one but court can not make any direction to that regard.
It is the discretion of the complainant.
Niny
(Querist) 20 July 2012
Thank you Shri Devjyoti Barman sir,
