Domestic violence
Advocate Umesh
(Querist) 04 September 2011
This query is : Resolved
In one Domestic Violence application Magistrate pass ad-interim order to pay maintenance Rs. 4000/-. & issued notice to opponents. but on next fixed date opponents father who also opponent no.2 was admitted in hospital for both kidney failure. so they unable to present before court but notice served on them. magistrate then pass further order that "Continue till further order." and issue recovery warrant for Rs. 8000/- on application of applicant.
Now we are going to present on next date with our say. can I present application for cancellation of recovery warrant and modify order u/s. 25(2) of domestic violence act?
prabhakar singh
(Expert) 04 September 2011
yes ,you can showing circumstances by affidavit which prevented your appearance along with evidence of hospitalization and medical certificate.
Arun Kumar Bhagat
(Expert) 04 September 2011
From the query it appears that there is no change of circumstances from the date of passing the order hence magistrate may not modify or cancel the order.It would be better to prefer appeal against the order.
