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VIKAS BAHL
Pankaj Kumar – Appellant
Versus
Manjit Kaur – Respondent
What is the court's ruling on whether amendments to a DV Act complaint can be allowed to correct clerical errors? What is the principle governing retrospective vs prospective effect of amendments under the Domestic Violence Act? What is the court's stance on avoiding multiplicity of litigation through amendment versus filing a fresh complaint?
Key Points: - The amendment of the DV Act complaint to fill in monetary reliefs left blank due to inadvertence is permissible as a correction of a clerical/typographical error and not a substantive change. (!) (!) - Amendments under the DV Act can be allowed to avoid multiplicity of litigation and to serve the ends of justice; procedure is the handmaid of justice. (!) (!) (!) - Amendments can have retrospective effect, with amended allegations replacing the original complaint from the date of filing, as there is no bar shown to such retrospective allowance. (!) - The trial court’s order allowing the amendment (subject to costs) was upheld; dismissing the revision petition. (!) (!) - Precedent cited: Kunapareddy case recognizing court power to permit amendments under DV Act to avoid multiplicity of litigation. (!)
JUDGMENT :
Vikas Bahl, J.
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 25.07.2024 (Annexure P-5) passed by the trial Court in COMA-447-2021 dated 16.06.2021 titled as Manjit Kaur and another Vs. Pankaj Kumar and others, whereby an application under Order 6 Rule 17 CPC for amendment of the complaint/petition filed by respondent Nos.1 and 2 has been allowed.
2. Brief facts of the present case are that respondent No. 1 who is the wife of the petitioner and respondent No. 2 who is the minor son of the petitioner had filed an application (Annexure P-1) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as “the Domestic Violence Act”) against the present petitioner and other persons. In the said application, although detailed averments with respect to the details of the marriage and other relevant factors were made but apparently on account of an inadvertent mistake, the columns for monetary reliefs which were to be filled up were inadvertently left blank. A reply (Annexure P-2) was filed to the said complaint/application (Annexure P-1).
3. On realising the inadverte
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 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 upheld a dismissal of a motion for amendment under the Domestic Violence Act due to a lack of clarity in proposed changes, emphasizing the necessity of specificity in judicial submissions.
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
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.
The court clarified that the proviso to Order VI Rule 17 CPC does not apply strictly in revisional proceedings, emphasizing that amendments introducing new factual assertions and withdrawing admissio....
(1) Amendment in Pleadings (Marriage Petition) – Not permitting amendment subsequent to commencement of trial is with object that when evidence is led on pleadings in a case, no new case be allowed t....
Maintenance – Alteration, modification or revocation of order granting maintenance – Change in circumstance must occur only after an initial order is made under Section 12 of Domestic Violence Act, 2....
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings, especially after the trial has commenced, to prevent delays in adjudication.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
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