prabhakar rao j (xxxxxxxxxxxx) 09 August 2010
My client filed DVC for protection, residence, interim maintenance, child custody, but she failed to seek relief u/s.22 of DVC Act claiming compensation at the time of filing DVC application. Now the matter is posted for further cross of respondent. At this stage can we file any application seeking modification or addition of our relief, if so under what provision ?
adv. rajeev ( rajoo ) (practicing advocate) 10 August 2010
Yes you can file an amendment petition, but there is no provision in the Cr.P.C. to amend the petition, just file an application form amendment of petition.
Guest (Guest) 10 August 2010
You are in big trouble. Even though Domestic Violence Act is in fact Civil Act and distinct from criminal Act, the courts designated are Magistrate Courts and the presiding officers, as a matter of routine, conduct each and every proceeding in other Acts also on the basis of criminal procedure code, which is wrong. The Domestic Violence Act is to be tried following the general procedure of C.P.C. and more over, the Act itself at Section 28 (2) gives power to the presiding officer to allow modification in the petition, in the interest of justice. Try to convince the judge and I think you get citations from Kerala High Court.
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