It is clear from the provisions of the the Protection of Women from Domestic
Violence Act, 2005, are mainly made for giving relief to the affected women, due to
domestic Violence etc.. The respondent in such case is not an accused, until he
commits a breach of an order passed by the Court under the provisions of the Act.
It is only after such breach, the respondent is treated as an accused under section
31 of the Act. In other words, the proceeding under the Act are of the quasi civil
nature and in such proceeding, the court would have power to allow amendment in
an application and written statement.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
Criminal Writ Petition No. 143 of 2010
1 Raosaheb Pandharinath Kamble
.....Petitioners.
Vs.
Shaila Raosaheb Kamble and others
Dated;20 april 2010
Citation;2010 CR L J 3596
In the light of the above discussion, the Court below committed serious error in law, which has resulted into miscarriage of justice to the appellants, which must be corrected. In that view of the matter, the question framed by me above, is answered in the affirmative. 10. To sum up, following order is inevitable.: ORDER a) Second Appeal No.18/2016 is allowed. b) Impugned judgment and decree dated 2.9.2015 passed by Joint Civil Judge, Jr.Dn. Nagpur in R.C.S. No.376/2015 and judgment and decree dated 31.10.2015 passed by District Judge8, Nagpur in Regular Civil Appeal No.448/2015, both are set aside. c) There shall be a decree in terms of prayer clause (2) of the suit which is reproduced below : (2) Declare that the defendant Shri Abhay s/o Purushottam Deshmukh as a dead person and his death is civil death as he is missing from 16.3.2008 and issue death certificate.” IN THE HIGH COURT OF JUDICATURE AT BOMBAY BEN...
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