KUNAPAREDDY @ NOOKALA SHANKA BALAJI v. KUNAPAREDDY SWARNA KUMAR! & Anr.

issue was raised by the appellant on this count. In respect of the petition filed under Sections 18 and 20 of the DV Act, the proceedings .are to be gover~ed by the Code, as provided under Section 28 of the DV Act. At the same time, it cannot be disputed that these proceedings are predominantly of civil nature. [Para 12) [615-C-E) L2 The very purpose of enacting the DV Act was to provide for a remedy which is an amalgamation of civil rights of the complainant i.e aggrieved person. Intention was to protect women against domestic violence of any kind, especially that occurring within the family as the civil law does not address this phenomenon in its entirety. It is for this reason, that the 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 13] [615-F-G)

1.3 All the reliefs that can be granted by the Magistrate under section 18 to 22 of the DV Act are of civil nature. Section 23 vests the Magistrate with the power to grant interim ex-parte orders. It is, thus, clear that various kinds of reliefs which can be obtained by the aggrieved person are of civil nature. At the same time, when there is a breach of such orders passed by the Magistrate, Section 31 terms such a breach to be a punishable offence. Merely because Section 28 of the DV Act provides for that the proceedings under some of the provisions including Sections . .18 and .20 are essentially of civil nature. Under Section 125 of the Code as well, a woman and children can claim maintenance. At the same time these proceedings are treated essentially as of civil nature. [Paras 14, 15) (617-H; 618-A-C)

1.4 It cannot be said that the Court dealing with the applicatioffunder DVAct has no power and/or jurisdiction to allow the amendment of the said application. If the amendment becomes necessary in view of subsequent events [escalation of prices in the instant case] or to avoid multiplicity of litigation, Court will the have power to permit such an amendment. It is said that procedure is the handmaid of justice and is to come to the aid of the justice rather than defeating it. It is nobody's case that respondent no. 1 was not entitled to file another application 609 A B c D E F G H 610 SUPREME COURT REPORTS (2016] 2 S.C.R. claiming the reliefs which she sought to include in the pending application by way of amendment. If that be so, there is no reason, why the applicant be not allowed to incorporate this amendment in the pending application rather than filing a separate application. It is not that there is a 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. [Para 17] [618-H; 619-A-B]

1.5 Even in criminal cases governed by the Code, the Court is not powerless and may allow amendment in appropriate cases. One of the circumstances where such an amendment is to be allowed is to avoid the multiplicity of the proceedings. [Para 18] [620-H]

1.6 The provisions of sub-section (2) of section 28 of the DV Act gain significance. Whereas proceedings under certain sections of the DV Act as specified in sub-Section (1) of Section 28 are to be governed by the Code, the Legislature at the same time incorporated the provisions like Sub-Section(2) as well which empowers the Court to lay down its own procedure for disposal of the application under Section 12 or Section 23(2) of the DV Act. This provision has been incorporated by the Legislature keeping a definite purpose in mind. Under Section 12, an application can be made to a Magistrate by an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person to claim one or more reliefs under the said Act. Section 23 deals with the power of the Magistrate to grant interim and ex-parte orders and sub-Section (2) of Section 23 is a special provision carved out in this behalf. [Para 19] [621-B-D]

7 The reliefs that can be granted by the final order or an by interim order, most of these reliefs are of civil nature. If the power to amend the complaint/application etc. is not read into the said provision, the very purpose which the Act attempts to sub-serve itself may be defeated in many cases. The amendment was rightly allowed by the trial court and there is no blemish in the impugned judgment of the High Court affirming the order of the trial court. [Paras 20, 21] [621-F-G] A B c D E F G H KUNAPAREDDY@ NOOKALA SHANKA BALAJI v. KUNAPAREDDY SWARNA KUMAR! 611