ADITYA ANAND Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AN interesting question has cropped up in this revision petition. The application under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 was filed without verification as required under Rule 6 read with Form -Ill of the Protection of Women from Domestic Violence Rules, 2006.

(2.) THE petitioner/husband after entering appearance prayed for dismissal of the proceeding on that score. The opposite party No.2 / wife, on the other hand, prayed for amendment and/or rectification of the application by duly verifying the pleadings in the said petition. Learned Magistrate by impugned order dated 03.01.2015 permitted such rectification and such order was upheld by the appellate Court vide order dated 06.07.2015.

(3.) MR . Banerjee, learned Counsel, appearing for the petitioner submits that the application being bereft of verification was non est in the eye of law and, therefore, could not have been given life by way of subsequent amendment/rectification. He further submits that verification of the pleadings was not an empty formality inasmuch as the same would have been the foundation for relief particularly ad -interim relief under Section 23(2) of the Act. He relies on a report of the Apex Court in AIR 2015 SC 2396 (Mrs. Priyanka Srivastava v. State of U.P.).