RAOSAHEB PANDHARINATH KAMBLE Vs. SHAILA RAOSAHEB KAMBLE

JUDGEMENT

(1.) This wit petition is challenging the order passed by learned Additional Sessions Judge, Kopargaon, Dist. Ahmednagar in Cri. Revision Application No. 52/2009.

(2.) The respondent No.l initiated proceeding before learned Judicial Magistrate (First Class), Rahata under the provisions of the Domestic Violence Act, 2005 against the petitioner and his relatives. The petitioners appeared before the Court and filed the written statement. Thereafter, on 1st September, 2009, the respondent No. 1 wife filed an application seeking amendment in her application. The learned Judicial Magistrate (First Class) sought the petitioners' response to such application which was submitted in writing. However, before passing of the order, the learned Judicial Magistrate did not hear oral submissions of the Advocate of the petitioners. The petitioners then moved an application to the learned Magistrate for recalling of the order. They urged the Magistrate to hear them and then pass an order on the application once again. The learned Magistrate rejected their application. So, the petitioners went in revision. The Revisional Court rejected the revision mainly on the merits, holding that the amendment in the application was permissible and no prejudice would be caused to the petitioners.

(3.) The learned Advocate appearing for the petitioner asserted that there is no provision in the Code of Criminal Procedure or in the Protection of Women from Domestic Violence Act (for short "the Act"), allowing applicant to amend her application. He invited my attention to the provisions of Section 12 of the Act and Rule 6 of The Protection of Women from Domestic Violence Rules, 2006 (for short "the Rules"). Rule 6 specifically mentions that an application under Section 12, should be dealt with and the orders made under the Act should be enforced in the same manner laid down under Section 125 of Cr.P.C. In other words, it is clear that an application under Section 12 or for that matter, applications under Sections 18,19,20,22, etc. of the Act, are required to be passed, like the orders are passed on an application under Section 125 and the related provisions.