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True Colors of a Vile Wife

Tag: Amendment In Criminal Case

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu Case

Posted on November 14, 2020 by ShadesOfKnife

Here is the list of the cases fought by this couple. It is just a hilarious case that there are 11 Respondents arraigned in this case. Go figure!

  1. Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016 : (SC says, amendments in petitions can be allowed, before Court takes cognizance of the case)
  2. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016 : (Trial Court doles of relief after relief supported by BS)
  3. Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari on 5 January, 2018 : (Husband files appeal at Sessions; return of dowry amount of Rs.3.00 Lakhs and compensation amount of Rs.15.00 Lakhs set aside; despite no evidence for DV, but Monthly maintenance of Rs.10,000/- is confirmed anyways)
  4. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018 : (Wife files appeal at Sessions seeking enhancement in monthly maintenance; Dismissed)
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Amendment In Criminal Case Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu PWDV Act Sec 12 - Domestic Violence Application to Magistrate Summary Post | Leave a comment

Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016

Posted on July 19, 2018 by ShadesOfKnife

Legal point explained: Court (Civil and Criminal) can allow amendments to the complaint/petition, before cognizance of same is taken by Court, either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint

This is a judgment from Hon’ble Supreme Court where in the issue that arises is whether a court dealing with the petition/complaint filed under the provisions of the Domestic Violence Act, 2005 (hereinafter referred to as ‘the DV Act’) has power to allow amendment to the petition/complaint originally filed.

Original reliefs requested in DV Case

“a) to provide protection to the life and limb of the complainant in the hands of the respondents;
b) to grant monthly maintenance of Rs. 5,000/- to the complainant and her children each towards her maintenance, medicines etc. and her children education and maintenance;
c) to grant such other relief or reliefs if the Hon’ble Court deems fit and proper in the circumstances of the case.”

These are the dole outs the begging knife requested Court to allow in this instant amendment petition

a) To provide protection to life and limb of the complainant in the hands of the respondent.
b) To grant monthly maintenance of Rs. 15,000/- to the complainant and her 2nd child to their maintenance instead of Rs.5000/-
c) Direct the respondent to return the Sridhana amount of Rs.3,00,000/- and 15 sovereigns of gold ornaments and other sari samanas and marriage batuvu presented to the respondent worth about 2 sovereigns wrist watch, 7 sovereign gold chain presented by the complainant and her parents.
d) Direct the respondent to pay the compensation of Rs.15 lakhs to the complaint for subjecting the compliant to physical and mental harassments besides including acts of Domestic Violence.
e) Direct the respondent to return the sari samans and other goods like worth more than Rs.10,00,000/- as per the list annexed herewith.
f) Direct the respondent to pay the cost of, litigation to the tune of Rs.25,000/- so far spent by the complainant persuing her litigation.
g) Direct the 1st respondent to provide separate residence by taking rent portion with monthly rent of Rs.10,000/-
h) Directing the respondent to return the original study certificates, medical certificates, deposits certificates and receipts etc. in the prayer portion paragraphs the following amendment by deleting the prayer original para
b) to grant monthly maintenance of Rs.5,000/- to the complainant and her children each towards her maintenance, medicines etc. and her children education and maintenance.”

Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016

Citations: [2016 SCC ONLINE SC 531]

Other Source links:

https://www.casemine.com/judgement/in/5790b4f1e561097e45a4e644


Case Index is here.


The index page for DV Cases is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Amendment In Civil Case Amendment In Criminal Case Avoid Multiplicity Of Litigation Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari Landmark Case Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 23 - No need to Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 28 - Procedure Reportable Judgement or Order Statement of Objects and Reasons Work-In-Progress Article | Leave a comment

S.R.Sukumar Vs S.Sunaad Raghuram on 2 July 2015

Posted on July 19, 2018 by ShadesOfKnife

Legal point explained: Court (Civil and Criminal) can allow amendments to the complaint/petition, before cognizance of same is taken by Court, either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint.

 

Case brief: The complainant wanted to amend his complaint to include a poem which is the cause of defamation suit he filed on his step-brother.

From Para 17,

Insofar as merits of the contention regarding allowing of amendment application, it is true that there is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of the Code, but the Courts have held that the petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints.

 

S.R.Sukumar Vs S.Sunaad Raghuram on 2 July, 2015

Citations: [

Other Source links:


The Index for Defamation Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Amendment In Criminal Case Avoid Multiplicity Of Litigation CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation S.R.Sukumar Vs S.Sunaad Raghuram Work-In-Progress Article | Leave a comment

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