KUNAPAREDDY @ NOOKALA SHANKA BALAJI Vs. KUNAPAREDDY SWARNA KUMARI & ANR
LAWS(SC)-2016-4-73
SUPREME COURT OF INDIA
Decided on April 18,2016

Kunapareddy @ Nookala Shanka Balaji Appellant
VERSUS
Kunapareddy Swarna Kumari And Anr Respondents

JUDGEMENT

- (1.) 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 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.";


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