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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).516/2016

(Arising out of SLP(Crl.) No. 1537/2016)

KUNAPAREDDY @ NOOKALA SHANKA BALAJI APPELLANT(S)

VERSUS

KUNAPAREDDY SWARNA KUMARI & ANR RESPONDENT(S)

J U D G M E N T

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

Digitally signed by

ASHWANI KUMAR

Date: 2016.05.14

13:40:02 IST

Reason:

Signature Not Verified

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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 as mentally

and by also demanding dowry. It is further alleged that she was

driven out from her matrimonial home in the month of March, 2015

and initially she took shelter at her brother's house along with

the children in Eluru. Thereafter, on the appellant tendering an

apology to respondent no. 1 by coming to Eluru they put up their

family together in Gadam Ramakrishna's House at Ashok Nagar,

Eluru,but the things did not change. The following prayers are

made in the said petition:

“a)

to provide protection to the life and limb

of the complainant in the hands of the respondents;

b)

to grant monthly maintenance of Rs. 5,000/-

to the complainant and her children each towards

her maintenance, medicines etc. and her children

education and maintenance;

c)

to grant such other relief or reliefs if the

Hon'ble Court deems fit and proper in the

circumstances of the case.”

4.

Respondent no.1 has also filed a divorce petition before the

Court of Senior Civil Judge, West Godavari, Eluru wherein she has

made an application for interim maintenance as well. Thereafter,

she also filed a maintenance petition under Sections 23(2) and 24

of the Hindu Marriage Act, 1955 before the Court of Family Judge,

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Eluru.

5.

On receiving notice in DV Petition, family members of the

appellant filed a petition under Section 482 Cr.P.C. in the High

Court of Judicature at Hyderabad for the States of Telengana and

Andhra Pradesh for quashing the proceedings in the said DV

Petition. This petition was allowed by the High Court vide order

dated 17.04.2009 thereby quashing the domestic violence proceedings

against the family members of the appellant on the ground that

there was no specific allegations against them. After the DV

Petition was transferred to the Court of Judicial First Class

Magistrate, Eluru, respondent no. 1 filed an application seeking

amendment of the petition. By way of the said amendment petition,

respondent no. 1 wanted to amend the prayer clause by incorporating

some more prayers, as is clear from the following amendment in this

behalf which was sought by respondent no. 1:

a)

To provide protection to life and limb of

the complainant in the hands of the respondent.

b)

To grant monthly maintenance of Rs. 15,000/-

to the com