Maintainability of application u/s 25 pwdv act

Originally posted by : RAKHI BUDHIRAJA
	I've filed an appeal in session court against the interim order of Trial Court and during the pendency of appeal, the salary of husband got diminished to which an application u/s 25 of PWDV Act was filed in appellate court for decrease the maintainance amount. In the meantime, the appellate court directed to submit the half of the arrears of the maintainance amount, which were not submitted within the stipulated time period, to which the appellate court dismissed the appeal. In the meantime, we have also filed the same application in trial court to which the counsel for wife argued that the same is not maintainable as the appellate court dismissed the appeal. pls make me sure with judgment what would be the status of the application filed in trial court, whether it is maintainble or not? pls reply as soon as possible, as the order is reserved for 28/06/2017.

Your Applicaton u/s 25 of DV Act is maintainable in trial court.

As you mentioned that appeal is dismissed because of non-complaince of order passed by session court and not on the basis of merit of application. 

Moreover, Any party ( i.e. complainant or respondent) can file application u/s 25 of DV Act if there is change in circumstances.

As is stated in the case of Bhagwan Dutt v Kamla Devi (AIR 1975 SC 83), change of circumstances includes a change in the pecuniary circumstances of party paying or receiving the allowance. However, it is the discretion of the Magistrate to modify it or not. In your case, an Interim Maintenance is the subject of modification, and can be rightfully modified, provided the Magistrate is satisfied.

In your particular case, I believe the issue is that the Appellate Court has dismissed your appeal, directing you to deposit half of those arrears. The question, therefore, is whether the Appellate Court ruled so because of the Husband not depositing the awarded Interim Maintenance or on merit and the grounds for the same must be observed in the concerned order.

Further, whether the Trial Court will modify the Interim Maintenance or not, especially after the same has been rejected in the form of an appeal by the Appellate Court, will certainly depend on the ground of dismissal of appeal. In my opinion, I believe that since the order is only of Interim Maintenance, the change in circumstances can be duly presented to the said Court and such an application should be maintainable as the order earlier issued was only of Interim Maintenance and a final order is yet to be passed. If duly proved, I believe the trial court can suitably alter the maintenance amount in the form of its final award or can modify it, but again the same is the Court's discretion. Nonetheless, one can always put up a lawful stance and modification can be secured if the change in circumstances can be proved well enough with proper effort.

Originally posted by : RAKHI BUDHIRAJA
	I've filed an appeal in session court against the interim order of Trial Court and during the pendency of appeal, the salary of husband got diminished to which an application u/s 25 of PWDV Act was filed in appellate court for decrease the maintainance amount. In the meantime, the appellate court directed to submit the half of the arrears of the maintainance amount, which were not submitted within the stipulated time period, to which the appellate court dismissed the appeal. In the meantime, we have also filed the same application in trial court to which the counsel for wife argued that the same is not maintainable as the appellate court dismissed the appeal. pls make me sure with judgment what would be the status of the application filed in trial court, whether it is maintainble or not? pls reply as soon as possible, as the order is reserved for 28/06/2017.

You should have given 25 application to the magistrate citing blah blah blah.  If he did not accept the application and asked to go for appeal, you could as well ask the same from the maigistrate in writing.  Take a copy of it and then go for appeal in Sessions Court.  Then your story of pay half of pending will come up.  Straightaway going to Session Court was waste of time and money for client.  However, you can always give the petition under 25/PWDVA to magistrate, he has to accept, if he does not, ask him to give that in writing.  Based on that you can plan your next move.

Trick is stupidifying Ld Magistrate with proof that scene has changed.  That done, magistrate will nod to your 25 application and has to re-order something, or even may ask respondent to go to govt shelter.

.25. Duration and alteration of orders

Originally posted by : Sachin
	Originally posted by : RAKHI BUDHIRAJA I've filed an appeal in session court against the interim order of Trial Court and during the pendency of appeal, the salary of husband got diminished to which an application u/s 25 of PWDV Act was filed in appellate court for decrease the maintainance amount. In the meantime, the appellate court directed to submit the half of the arrears of the maintainance amount, which were not submitted within the stipulated time period, to which the appellate court dismissed the appeal. In the meantime, we have also filed the same application in trial court to which the counsel for wife argued that the same is not maintainable as the appellate court dismissed the appeal. pls make me sure with judgment what would be the status of the application filed in trial court, whether it is maintainble or not? pls reply as soon as possible, as the order is reserved for 28/06/2017.   Your Applicaton u/s 25 of DV Act is maintainable in trial court. As you mentioned that appeal is dismissed because of non-complaince of order passed by session court and not on the basis of merit of application.  Moreover, Any party ( i.e. complainant or respondent) can file application u/s 25 of DV Act if there is change in circumstances.

Are you a Lawyer? 

Originally posted by : RAKHI BUDHIRAJA
	I've filed an appeal in session court against the interim order of Trial Court and during the pendency of appeal, the salary of husband got diminished to which an application u/s 25 of PWDV Act was filed in appellate court for decrease the maintainance amount. In the meantime, the appellate court directed to submit the half of the arrears of the maintainance amount, which were not submitted within the stipulated time period, to which the appellate court dismissed the appeal. In the meantime, we have also filed the same application in trial court to which the counsel for wife argued that the same is not maintainable as the appellate court dismissed the appeal. pls make me sure with judgment what would be the status of the application filed in trial court, whether it is maintainble or not? pls reply as soon as possible, as the order is reserved for 28/06/2017.

You are Lawyer?

In Supreme Court?

And you asking to one third class fellow https://www.lawyersclubindia.com/profile.asp?member_id=363811

who is not lawyer.

Shame on this forum.

Originally posted by : Sachidananda
	Originally posted by : RAKHI BUDHIRAJA I've filed an appeal in session court against the interim order of Trial Court and during the pendency of appeal, the salary of husband got diminished to which an application u/s 25 of PWDV Act was filed in appellate court for decrease the maintainance amount. In the meantime, the appellate court directed to submit the half of the arrears of the maintainance amount, which were not submitted within the stipulated time period, to which the appellate court dismissed the appeal. In the meantime, we have also filed the same application in trial court to which the counsel for wife argued that the same is not maintainable as the appellate court dismissed the appeal. pls make me sure with judgment what would be the status of the application filed in trial court, whether it is maintainble or not? pls reply as soon as possible, as the order is reserved for 28/06/2017. You are Lawyer? In Supreme Court? And you asking to one third class fellow https://www.lawyersclubindia.com/profile.asp?member_id=363811 who is not lawyer. Shame on this forum.

Kind Sir, we are an open platform and these threads are open to Questions and Answers by anyone who seeks any form of assistance in any matter related to law.. In my opinion, she posted the question on the forum of "LAWyers Club India" and it is open to anyone to reply on such a thread. Moreover, I believe there are no restrictions of any such sort imposed by our respected Bar Councils with regard to this. Also, in today's age, I do think that "shame" is a harsh word to use for the matter at hand and with all due respect, I would like you to respect the members of general public who attempt to share any legal knowledge on any threads for I believe ethically, it is more important for us to collectively encourage legal awareness of our population, a larger section of which are not lawyers, than to be proud by limiting our knowledge in a restricted forum.

I hope you would agree.