I would be thankful to know if an application u/s 25(2) of DV Act can be filed in any ongoing case before a magistrate or a separate case is to be instituted before a magistrate court.
Atul Jauhari 20 July 2023
I would be thankful to know if an application u/s 25(2) of DV Act can be filed in any ongoing case before a magistrate or a separate case is to be instituted before a magistrate court.
Dr. J C Vashista (Advocate ) 21 July 2023
No separate case would be maintainable to modify maintenance order stated to have already been passed. It would be appropriate to move application u/s 25(2) of Protection of Women from Domestic Violence Act, 2005 for modification, alteration of decline of maintenance already passed in favour of aggrieved person which reads as:
Section 25(2) in The Protection of Women from Domestic Violence Act, 2005
"(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate."
T. Kalaiselvan, Advocate (Advocate) 21 July 2023
Yes the respondent can file a petition unde section 25(2) of the DV act seeking the relief if it is really worth enough.
If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.
Atul Jauhari 21 July 2023
Thank you very much for your kind feedback. I had filled an application u/s 25(2) of DV Act in an ongoing execution proceedings. In subject line I mentioned both 25(2) and 127 CrPC. Application was rejected. Order copy is attached. Shall be thankful to know your views on the order please.