A.K.SIKRI, R.K.AGRAWAL
Kunapareddy @ Nookala Shanka Balaji – Appellant
Versus
Kunapareddy Swarna Kumari – Respondent
Certainly. Here are the key points derived from the provided legal document:
The court has the authority to permit amendments to petitions or complaints filed under the Domestic Violence Act, 2005, even though the Act itself does not explicitly specify the procedure for such amendments (!) (!) .
Proceedings under the DV Act, particularly those under Sections 18 and 20, are predominantly of civil nature, and while they are governed by the Criminal Procedure Code (CrPC), this does not preclude the court from allowing amendments to the pleadings (!) (!) .
The primary purpose of the DV Act is to provide a civil remedy for the protection of women against domestic violence, which can include various reliefs such as protection orders, residence orders, monetary reliefs, custody, and damages. These reliefs are civil in nature but are enforceable through criminal procedure (!) (!) (!) (!) (!) .
The procedure for obtaining reliefs is outlined in the Act, and the proceedings under Sections 12 to 29 are designed to be flexible enough to accommodate necessary amendments to effectively address the real issues in controversy (!) (!) .
The power to allow amendments is rooted in the recognition that procedural flexibility is essential to achieving justice, especially when amendments are necessary to prevent multiplicity of litigation or to address subsequent developments (!) (!) .
Amendments that correct curable legal infirmities or address simple errors are generally permissible, provided they do not cause prejudice to the other party. Such amendments can be allowed even in the absence of explicit provisions in the CrPC for amendments in complaints (!) (!) .
The courts have the discretion to permit amendments to ensure that the proceedings serve the cause of justice, particularly when it helps in clarifying issues or avoiding unnecessary delays and multiplicity of proceedings (!) (!) .
The provisions of the DV Act, especially Sections 28(2), empower courts to lay down their own procedures for disposal of applications under the Act, which includes the authority to permit amendments to pleadings as deemed necessary for justice (!) (!) (!) .
Overall, the courts have been consistently held to have the jurisdiction and authority to allow amendments where they are necessary, not prejudicial, and serve the purpose of substantive justice, even if the specific procedural provisions are not explicitly laid out in the CrPC or the Act (!) (!) (!) .
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JUDGMENT :
A.K. Sikri, J.
Leave granted.
2. Learned counsel for both the parties have been finally heard at this stage.
3. The issue that arises for consideration in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the Domestic Violence Act, 2005 (hereinafter referred to as 'the DV Act') has power to allow amendment to the petition/complaint originally filed. This issue has arisen in the petition/complaint filed by respondent no. 1/wife. Respondent No. 1 herein, who is the wife of the appellant, has filed a case against the appellant and his family members before the Court of IInd Additional Judicial First Class Magistrate, West Godavari, Eluru under Sections 9B & 37(2)(C) of the DV Act which is registered as Domestic Violence Case No. 20/2008. It may be mentioned here that the said petition now stands transferred to the Court of Judicial First Class Magistrate (Mobile Court), Eluru and has been renumbered as DV Case No. 29/2012. In this case, respondent no. 1 has leveled various allegations against the appellant and his family members inter alia alleging that the appellant and his family members used to harass her physically as well
None of the cases listed explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law based on the provided descriptions. There are multiple references to the case of Kunapareddy Swarna Kumari (2016) 11 SCC 774 being cited or followed in subsequent judgments, which suggests it remains authoritative and is considered good law. No case explicitly states that it has been overruled or negatively treated in subsequent decisions.
Several entries (e.g., Nirmala VS State of Kerala - 2019 0 Supreme(Ker) 276, P. Pathmanathan VS V. Monica - 2021 0 Supreme(Mad) 390, P. Pathmanathan VS V. Monica - 2021 0 Supreme(Mad) 55, P. Pathmanathan VS Tmt. V. Monica - Crimes (2021), G. Jayakumar, S/o. Guruswamy VS Jayanthi, D/o. Raghu - 2021 0 Supreme(Mad) 2771, Bangi Linganna VS State of Andhra Pradesh - 2020 0 Supreme(AP) 320, P. Pathmanathan VS Tmt. V. Monica - Current Civil Cases (2021), P. Ganesan VS M. Revathy Prema Rubarani - 2021 0 Supreme(Mad) 1650, Anirudh Ajaykumar Garg VS State Of Maharashtra, Through Govt. Pleader - 2021 0 Supreme(Bom) 1652, Bonela @ Kartheeka Raju, W/o Mokhalingarn VS Bonela Jayalaxmi, W/o late Chinnababuo (late) - 2021 0 Supreme(AP) 971, J. Magdalene Rejula VS K. Ramesh - 2022 0 Supreme(Mad) 110, Rekha Jain VS Anil Jain - 2022 0 Supreme(Sikk) 7, P. Ganesan VS Revathy Prema Rubarani - 2022 0 Supreme(Mad) 650, Maharaj Kumari Vishnupriya VS State Of Uttar Pradesh - 2024 0 Supreme(All) 825, Suman Mishra VS State Of U. P. - 2024 0 Supreme(All) 1121, Jil W/O Priyank Manubhai Choksi VS State Of Gujarat - 2024 0 Supreme(Guj) 1648, Saleem Ahmad VS State Of UP - 2024 0 Supreme(All) 778, Pooja Saini VS Varun Saini - 2024 0 Supreme(P&H) 520, Neelam Sharma VS Arvind Razdan - 2024 0 Supreme(P&H) 381, C. K Kunjumon VS State Of Kerala, Represented By Public Prosecutor - 2024 0 Supreme(Ker) 966, Pankaj Kumar VS Manjit Kaur - 2024 0 Supreme(P&H) 1256, Devendra Agarwal vs State of U.P. - 2024 0 Supreme(All) 2500, Epuri Venkata Lakshmi vs E.Rajani - 2024 Supreme(Online)(AP) 19462, JITIN MITTAL & ORS. Vs GOVT. OF NCT OF DELHI & ANR. - 2024 Supreme(Online)(DEL) 496, Kavitha M. , W/o Raghu VS Raghu, S/o Narayanappa - 2023 0 Supreme(Kar) 179, Dhanpati Das And Anr S/o Lt. Har Kanta Das VS State Of Assam And Anr Rep. By The PP, Assam - 2023 0 Supreme(Gau) 61, Ashwini Pradhan VS Union of India Through Chief Secretary Law and Legislative Department - 2023 0 Supreme(MP) 351, K. Dharmarajan VS Divya - 2024 0 Supreme(Mad) 523, Jaspal Kaur alias Pinki VS State of Punjab - 2024 0 Supreme(P&H) 396, Vaishali Abhimanyu Joshi VS Nanasaheb Gopal Joshi - 2017 0 Supreme(SC) 888, Nandkishor Pralhad Vyawahare VS Sau. Mangala w/o Pratap Bansar - 2017 0 Supreme(Bom) 1719, NANDKISHOR PRALHAD VYAWAHARE VS MANGALA w/o PRATAP BANSAR - 2018 0 Supreme(Bom) 747, S VS J - 2018 0 Supreme(Del) 1381, NARAYAN BABI SALGAONKAR VS JAISHREE @ MANASI NARAYAN SALGAONKAR - 2017 0 Supreme(Bom) 2205, T. V. Rao VS State of Telangana, rep. , by its Principal Secretary to Government, Department of Women & Child Development - 2019 0 Supreme(Telangana) 97, Ajay Kaul VS State of J&K - Crimes (2019), Ajay Kaul VS State of J&K - Current Civil Cases (2019), Sandip Mrinmoy Chakrabarty VS Reshita Sandip Chakrabarty - Current Civil Cases (2021), T. V. Rao VS State of Telangana, rep, by its Principal Secretary to Government, Department of Women and Child Development, Secretariat Buildings, Saifabad, Hyderabad - Crimes (2019), Arul Daniel VS Suganya - 2022 0 Supreme(Mad) 3686, A. Ramesh Babu VS Dharani S. , W/O Vijay Babu Wagmare - 2024 0 Supreme(Kar) 205, P. Ganesan VS Revathy Prema Rubarani - 2022 0 Supreme(Mad) 650, Gautam Singal VS Anuj Singal - 2023 0 Supreme(P&H) 1954, Rohan Shah VS Nishigandha Shah - 2023 0 Supreme(Bom) 1459, Narayan Biswas VS State of West Bengal - 2024 0 Supreme(Cal) 695, P. Pathmanathan VS V. Monica - 2021 0 Supreme(Mad) 390, Rekha Jain VS Anil Jain - 2022 0 Supreme(Sikk) 7, J. Magdalene Rejula VS K. Ramesh - 2022 0 Supreme(Mad) 110, Nirmala VS State of Kerala - 2019 0 Supreme(Ker) 276, Jaspal Kaur alias Pinki VS State of Punjab - 2024 0 Supreme(P&H) 396, Saleem Ahmad VS State Of UP - 2024 0 Supreme(All) 778, Pooja Saini VS Varun Saini - 2024 0 Supreme(P&H) 520, Maharaj Kumari Vishnupriya VS State Of Uttar Pradesh - 2024 0 Supreme(All) 825, Pankaj Kumar VS Manjit Kaur - 2024 0 Supreme(P&H) 1256, Devendra Agarwal vs State of U.P. - 2024 0 Supreme(All) 2500, Epuri Venkata Lakshmi vs E.Rajani - 2024 Supreme(Online)(AP) 19462, JITIN MITTAL & ORS. Vs GOVT. OF NCT OF DELHI & ANR. - 2024 Supreme(Online)(DEL) 496, R.Seetharaghavan vs Krishnaveni - 2025 Supreme(Online)(MAD) 2884, Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 5 Supreme 321, Bansal Milk Chilling Centre VS Rana Milk Food Private Ltd. - 2025 0 Supreme(SC) 1118, Himanshu vs TCNS Clothing Co. Ltd. - 2025 0 Supreme(Del) 376, Ashwini Pradhan VS Union of India Through Chief Secretary Law and Legislative Department - 2023 0 Supreme(MP) 351, K. Dharmarajan VS Divya - 2024 0 Supreme(Mad) 523, Jaspal Kaur alias Pinki VS State of Punjab - 2024 0 Supreme(P&H) 396, Saleem Ahmad VS State Of UP - 2024 0 Supreme(All) 778, Pooja Saini VS Varun Saini - 2024 0 Supreme(P&H) 520, Maharaj Kumari Vishnupriya VS State Of Uttar Pradesh - 2024 0 Supreme(All) 825, Pankaj Kumar VS Manjit Kaur - 2024 0 Supreme(P&H) 1256, Devendra Agarwal vs State of U.P. - 2024 0 Supreme(All) 2500, Epuri Venkata Lakshmi vs E.Rajani - 2024 Supreme(Online)(AP) 19462, JITIN MITTAL & ORS. Vs GOVT. OF NCT OF DELHI & ANR. - 2024 Supreme(Online)(DEL) 496, R.Seetharaghavan vs Krishnaveni - 2025 Supreme(Online)(MAD) 2884, Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 5 Supreme 321, Bansal Milk Chilling Centre VS Rana Milk Food Private Ltd. - 2025 0 Supreme(SC) 1118, Himanshu vs TCNS Clothing Co. Ltd. - 2025 0 Supreme(Del) 376, Ashwini Pradhan VS Union of India Through Chief Secretary Law and Legislative Department - 2023 0 Supreme(MP) 351, K. Dharmarajan VS Divya - 2024 0 Supreme(Mad) 523, Jaspal Kaur alias Pinki VS State of Punjab - 2024 0 Supreme(P&H) 396, Saleem Ahmad VS State Of UP - 2024 0 Supreme(All) 778, Pooja Saini VS Varun Saini - 2024 0 Supreme(P&H) 520, Maharaj Kumari Vishnupriya VS State Of Uttar Pradesh - 2024 0 Supreme(All) 825, Pankaj Kumar VS Manjit Kaur - 2024 0 Supreme(P&H) 1256, Devendra Agarwal vs State of U.P. - 2024 0 Supreme(All) 2500, Epuri Venkata Lakshmi vs E.Rajani - 2024 Supreme(Online)(AP) 19462]
The repeated references to the case of Kunapareddy in various contexts (e.g., discussing nature of proceedings, purpose of enactment, jurisdiction, principles, amendments, procedural aspects) strongly suggest that the case is considered a binding or authoritative precedent, and has been followed extensively.
Multiple entries (e.g., Ajay Kaul VS State of J&K - Current Civil Cases (2019), P. Pathmanathan VS Tmt. V. Monica - Current Civil Cases (2021), Sandip Mrinmoy Chakrabarty VS Reshita Sandip Chakrabarty - Current Civil Cases (2021), P. Pathmanathan VS V. Monica - 2021 0 Supreme(Mad) 390, P. Pathmanathan VS V. Monica - 2021 0 Supreme(Mad) 55, G. Jayakumar, S/o. Guruswamy VS Jayanthi, D/o. Raghu - 2021 0 Supreme(Mad) 2771, Gautam Singal VS Anuj Singal - 2023 0 Supreme(P&H) 1954, Rekha Jain VS Anil Jain - 2022 0 Supreme(Sikk) 7, P. Ganesan VS Revathy Prema Rubarani - 2022 0 Supreme(Mad) 650, Saleem Ahmad VS State Of UP - 2024 0 Supreme(All) 778) indicate reliance on or citation of the case to support legal principles, including procedural flexibility, nature of proceedings under domestic violence laws, and civil vs. criminal distinctions.
While many references rely on the case as authority, none explicitly state that the case has been overruled, criticized, or disapproved. Some entries mention the case in the context of following or applying its principles, which suggests it remains good law.
Certain references (e.g., P. Ganesan VS Revathy Prema Rubarani - 2022 0 Supreme(Mad) 650, Ramachandra Warrior VS Jayasree, W/O. Ramachandra Warrior - 2021 0 Supreme(Ker) 336, Mahinkutty S/o Abdul Karim VS Anshida D/o Ibrahim - 2021 0 Supreme(Ker) 410) mention the case in passing or as part of legal discussion but do not indicate subsequent negative treatment.
The case references involving amendments or procedural discussions (e.g., Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 5 Supreme 321, Bansal Milk Chilling Centre VS Rana Milk Food Private Ltd. - 2025 0 Supreme(SC) 1118) do not specify whether the case's principles have been questioned or overruled.
**Summary:**
The case of Kunapareddy (2016) 11 SCC 774 appears to be a well-established precedent, frequently cited and relied upon, with no explicit indication of negative treatment or overruling.
There are no cases in the provided list that are explicitly identified as overruled, reversed, or bad law based on the given descriptions.
Cases such as T. V. Rao VS State of Telangana, rep. , by its Principal Secretary to Government, Department of Women & Child Development - 2019 0 Supreme(Telangana) 97, Ramachandra Warrior VS Jayasree, W/O. Ramachandra Warrior - 2021 0 Supreme(Ker) 336, and Mahinkutty S/o Abdul Karim VS Anshida D/o Ibrahim - 2021 0 Supreme(Ker) 410 mention the case in context but do not clarify whether the treatment is positive or negative. Their treatment remains ambiguous.
Several references are to the case as a foundational authority, but without explicit comments on whether the case has been questioned or criticized in subsequent judgments.
The treatment of the case in procedural or jurisdictional contexts (Bangi Linganna VS State of Andhra Pradesh - 2020 0 Supreme(AP) 320, JITIN MITTAL & ORS. Vs GOVT. OF NCT OF DELHI & ANR. - 2024 Supreme(Online)(DEL) 496, R.Seetharaghavan vs Krishnaveni - 2025 Supreme(Online)(MAD) 2884) is not explicitly characterized as overruled or criticized, leaving some ambiguity.
**Note:** Without explicit language indicating overruling or criticism, the safest conclusion is that the case remains good law with consistent judicial recognition.
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