Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court

The Allahabad High Court determined that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature, allowing for amendments to applications made to the Magistrate under Section 12 of the Act. \r

Justice Dr. Yogendra Kumar Srivastava emphasized the civil nature of the proceedings, permitting amendments provided no prejudice was caused to the opposing party, citing Supreme Court precedent. The case involved an application by Respondent No.3 to amend her initial application under the DV Act, which was contested by the petitioner. \r

The Court traced the legislative intent of the DV Act, aiming to provide civil remedies for victims of domestic violence. Relying on statutory provisions and previous judgments, the Court held that amendments to DV Act applications could be allowed in appropriate circumstances, even though the Act's procedures were distinct from those of criminal proceedings. The writ petition challenging the amendment was ultimately dismissed.