Appeal for enhancement of maintainance amount under domestic violence act is permissible or not

Querist : Anonymous (Querist) 24 May 2011 This query is : Resolved
Respected Experts
I filed an applicxation us 12 of Domestic violence act and court directed to my husband to pay me Rs. 2000/- per month as maintainance,but i am not satisfied with this amount as my husband is earning more than Rs. 30000/- per month and i have produced documentry evidence before magistrate, is there any provision under domestic violence act for appeal/revision for enhancement of this amount of Rs. 2000/- Kindly advice. Thank
Archna Singhal

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Devajyoti Barman (Expert) 24 May 2011
Yes, you can file petition u/s 25 of the Act in the same court for modification of the said order under changes circumstances.

Alternatively the order of maintenance can be challenged before the sessions court u/s 29 of the Act within 30 days from the date of order passed by the Magistrate

Querist : Anonymous (Querist) 24 May 2011
Thanx for prompt response Barman Ji
Archna

PALNITKAR V.V. (Expert) 25 May 2011
As usual Mr. Barman has given a very prompt and apt reply.

Arun Kumar Bhagat (Expert) 25 May 2011
Modification of the order u/s 25 before the same magistrate can be prayed when there is change in circumstances i.e after a considerable gap or material changes but if someone is not satisfied with the order of the magistrate, one should prefer appeal u/s 29 immediately on the self-same facts and circumstances.

Guest (Expert) 25 May 2011
Agree with the advice of Mr. Devajyoti Barman and Mr. Atrun Bhagat. You must proceed for enhancement of your maintenance charges.

M/s. Y-not legal services (Expert) 25 May 2011
Yes. Me too agree with mr.barman. And also your view is correct arunkumar sir, same time its can be modify. No need to be wait for certain period.

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