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2011 Supreme(Ker) 563

THOMAS P.JOSEPH
Saramma Shyju – Appellant
Versus
Shyju Varghees – Respondent


Advocate Appeared:
For the Petitioner:Smt. S.L. Sylaja, Advocate.
For the Respondents:Rinny Stephen Chamaparampil Asha Elizabeth, Advocates, B. Jayasurya, Public Prosecutor.

JUDGMENT :-

THOMAS P. JOSEPH, J. –

1. Petitioner filed M.C.No.106 of 2009 in the court of learned Judicial First Class Magistrate-I, Mavelikkara under Section 12 of the Protection of Women from Domestic Violence Act (for short, "the Act"). While so, petitioner filed Ext.P3, petition for amendment to incorporate reliefs under Sec.19 of the Act and for awarding monthly allowance to her by way of maintenance. That petition was opposed by the respondents on various grounds including that there is no provision for amendment of the petition provided under the Act or the Code of Criminal Procedure (for short, "the Code") and that petition for amendment is only a counter blast for a prosecution that second respondent, mother-in-law of petitioner has launched against petitioner for forging her certificates. Learned Magistrate was not inclined to allow the prayer of petitioner and dismissed the petition as per Ext.P3, order dated December 13, 2010. That order is under challenge. Learned counsel for petitioner contends that proceeding before learned Magistrate under the Act is quasi civil in nature and hence it is within the power of learned Magistrate to allow amendment in appropriate cases.






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