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Supreme Court of India 2016-04-18 dismissed

Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari & Anr

Bench: 2 — A.K. Sikri

In Brief

A wife filed a domestic violence petition seeking protection and maintenance under the Domestic Violence Act, 2005. Subsequently, she sought to amend the petition to increase the maintenance claim and add claims for recovery of dowry, property and compensation. The trial court allowed the amendment, but the district sessions judge reversed this, holding that there was no power to amend such petitions. The High Court restored the trial court's order. The Supreme Court upheld the amendment, holding that courts have inherent power to allow amendments to petitions under the DV Act, even without specific statutory provision, where necessary to avoid multiplicity of proceedings and where no cognizance has been taken. The court emphasised that DV proceedings are predominantly civil in nature and procedure must serve justice.

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Domestic Violence Civil Procedure Amendment of Pleadings Domestic Violence Act 2005 Protection Orders

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