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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M. B. SNEHALATHA
Fathima, w/o. Vappinu – Appellant
Versus
Vappinu, S/o. Ammunni – Respondent
JUDGMENT :
M.B.Snehalatha, J.
The petitioner/the estranged wife of the respondent has filed this Original Petition challenging Ext.P6 order of the learned Family Court, Kunnamkulam, by which her petition filed under Order VI Rule 17 of Code of Civil Procedure to incorporate reliefs under Sections 18 and 19 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act, 2005') was dismissed by the Family Court.
2. The Original Petition was filed by the petitioner before the Family Court under Section 7(1) Explanation (c) and (d) of the Family Courts Act seeking permanent prohibitory injunction restraining the respondent from trespassing into the petition schedule property and from forcibly evicting her from the said property.
3. During the pendency of the Original Petition, petitioner filed I.A.No.4/2024 seeking amendment of the Original Petition to incorporate reliefs under Sections 18 and 19 of the DV Act, 2005 also.
4. Respondent resisted the said petition for amendment and sought dismissal of the said petition contending that there was no domestic violence against the petitioner; that till the filing of the petition seeking amendment, she had not file
The Family Court can permit amendments to Original Petitions to include reliefs under the Domestic Violence Act, affirming that such amendments do not alter the petition's nature.
Relief in other suits and legal proceedings - If any suit or legal proceedings affecting person is pending before a Civil Court, a Family Court or a Criminal Court, S. 26 gives an option to aggrieved....
No independent application under the D.V. Act is maintainable before the Civil Court or the Family Court if no proceedings are pending before them affecting the aggrieved person and the Respondent. I....
Economic abuse is included in the definition of domestic violence under the DV Act, allowing for protection orders while property disputes are adjudicated in civil courts.
The court established that amendments to applications under the Domestic Violence Act are permissible as the proceedings are civil in nature, aimed at providing justice without causing prejudice to t....
The court affirmed that amendments to complaints under the Domestic Violence Act can be allowed to correct clerical errors, emphasizing the need to avoid multiplicity of litigation.
The main legal point established in the judgment is that an application under Section 26 of the DV Act for maintenance is an independent remedy and should be decided on its merits, taking into accoun....
Maintainability of complaint – Domestic relationship has to be in present and not in the past.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
The main legal point established in the judgment is that the reliefs granted in the domestic violence proceedings were of civil nature, making the Family Court Appeal challenging the order maintainab....
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