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 amendmentin
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