Constitution of India, 1950
Article 227—Supervisory jurisdiction—Domestic violence—Protection order sought in the application is essentially in the nature of an interim relief—A civil suit pertaining to the properties in dispute is pending, in which suit, the reliefs available to the petitioner under the Domestic Violence Act can be well addressed in view of the provisions of Section 26 of the Act—Relegating the matter to the appellate court would unnecessarily prolong the case under the DV Act—Petition is disposed of leaving it open to the petitioner to move appropriate application before the civil court in which the suit is pending seeking appropriate temporary injunction or protection order, as she may be advised.
[Paras 29 & 30]
Protection of Women from Domestic Violence Act, 2005
Section 1—Purpose and scheme—Purpose of enacting the Domestic Violence Act was to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society—Scheme of the Act provides that in the first instance, the order that would be passed by the Magistrate, on a complaint by the aggrieved person, would be of a civil nature and if the said order is violated, it assumes the character of criminality.
[Para 28]
Section 3—Domestic violence—Definition of—Alienation of assets whether moveable or immoveable in which aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her ‘stridhan’ or any of the other properties jointly or separately held by the aggrieved person, may constitute ‘economic abuse’ bringing it within the definition of “domestic violence” under Section 3 of the Domestic Violence Act.
[Para 28]
Section 12—Amendment of complaint—Permissibility—There is no complete ban/bar of amendment in the complaints in criminal courts which are governed by the Code, though undoubtedly such power to allow the amendment has to be exercised sparingly and with caution under limited circumstances—If the amendment sought in the application under the DV Act relates to a simple infirmity which is curable by means of a formal amendment and by allowing such amendment, no prejudice could be caused to the other side, notwithstanding the fact that there is no enabling provision in the Code for entertaining such amendment, the court may permit such an amendment to be made—If the amendment sought to be made in the complaint does not relate either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the court shall not allow such amendment in the complaint.
[Para 28]
Section 12—Amendment of complaint—Permissibility—Where amendment sought is of a substantial nature the same may be allowed after carefully considering the facts, circumstances and the stage of the case, provided that the amendment would not change the original nature of the complaint, and, provided further that the amendment is necessitated in view of subsequent event which creates a new cause of action in favour of the aggrieved person and would avoid multiplicity of proceedings—On such amendment being effected, a fresh application filed under Section 23 of the DV Act can be maintained for seeking a protection order under Section 18 of the Act.
[Para 28]
Sections 12 & 23—Amendments and additional reliefs—Where in the application under Section 12 of the Domestic Violence Act, permissible amendment in view of subsequent developments or otherwise is made and additional permissible relief is sought, a fresh application under Section 23 would be maintainable.
[Para 27]
Section 18—Protection order—Adjudication of title of an aggrieved person with regard to moveable or immoveable properties sought to be alienated cannot be made under the Domestic Violence Act but can only be made by a competent civil court—However, in respect of such properties a protection order can be passed by the Magistrate under Section 18 of the DV Act on his prima facie satisfaction that domestic violence has taken place or is likely to take place.
[Para 28]
Section 26—Relief in other suits and legal proceedings—Relief/s available under Sections 18, 19, 20, 21 and 22 in an application filed under Section 12 of the DV Act may also be sought before the civil court before which the suit filed by the petitioner against the second respondent is pending, in terms of Section 26 of the DV Act.
[Para 28]