Amendment of complaint

This query is : Resolved 

12 November 2009

In a Domestic violence case:

A relief remained not asked for due to typographic ommission. I filed a petition for amendment of the complaint for inclusion of that relief in the complaint - but court returned the petition with note that since its a criminal court amendment of complaint cannot be granted.

I filed this petition u/s28(2) of the DVC Act. After my arguments the magistrate conceded to admit my petition if i can show him any precedent authority (any higher court)

Now the questions are:

1. For the typographic ommission should the petitioner loose her right for permanent maintenance?

2. Is there any citiation to help my case?

Thanks a lot in advance.

Rajkumar Makkad ji

Earlier when i posted this you answered yes i can seek amendment of complaint... can u plz help with a suitable citation? if there is any, I did not come across till now. i have 3 days more time to reappear before court on this issue.

Thank u.

adv. rajeev ( rajoo ) (Expert)
12 November 2009

u cannot amend the petition, even thouhg it is criminal misscelleneous it is in the nature of private complaint. So U cannot amend and there is no citation, I have also not come accross with such citations.
U need not to worry u file another criminal miscelleneous seeking maintenance. I think in my opinion U file an petition u/ DV act seeking the relief of maintenanced.

Adinath@Avinash Patil (Expert)
12 November 2009


bhupender sharma (Expert)
12 November 2009

Mr. venkat Rao it depends upon the nature of the amendment u are seeking if is of such a nature that it will change the nature and relief sought completely in all respect then it will not be allowed otherwise u may improve slightly your case in evidence. I agree with Adinath.

Raj Kumar Makkad (Expert)
12 November 2009

As the DV Act is new, not much citations are available on this act but the amendments in the complaints left just due to typographical error can be made and there are various citations available on this point.

Anish goyal (Expert)
12 November 2009

I think this amendment will be allowed

J K Agrawal (Expert)
12 November 2009

In criminal cases it does not matter which relief the complainant sought. It the magistrate to determine the relief. In civil cases only a party is to seek relief in a specific mode. The remedies under the DV Act are not RIGHT of a party. These are only types of relief which a magistrate can provide. So there is no question to give up any right.

I think no amendment is required to seek any or all relief provided in said Act. A magistrate is duty bound to provide all relief appropriate.

Gundlapallis (Querist)
17 November 2009

Thank you all for your guidance and advice. I choose to file a separate miscelleneous petition.

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