Modification of Maintenance under 25(2) DV ACT
Article on Section 25(2) of The Protection of Women from Domestic Violence Act, 2005
Section 25(2) of The Protection of Women from Domestic Violence Act, 2005 provides for alteration, modification or revocation of maintenance if there is a change in circumstances so warrant. Section 25(2) can be used if you are ordered to pay maintenance under the Domestic Violence Act.
The Section states:
“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.”
This means that if there is a change of circumstances of the respondent, like you have lost your job, your income has been reduced, if you are a businessman you have faced huge losses due to exceptional situations like the most recent Covid-19 and you are unable to pay the pre-decided amount of maintenance, you can file an application in the concerned court for modification/ reduction or cancellation of maintenance.
The parties may move the application in the Apex court for alteration, modification or cancellation of the order passed by the lower court. The parties must have relevant grounds and evidence to take favourable orders under Section 25(2) of The DV Act i.e., to alter, modify and revoke the previous order of the lower court.
In K. Shiva kumar vs. K. Parvathi passed by High court of Karnataka in 2014, where the Hon’ble court gave directions to the Trial court to reconsider the application under Section 125 of CrPC and restore the matter under the Trial court.
There are several other judgments of the High court in which the Hon’ble High Court gave directions to the trial court to reconsider the facts and evidences and alter, modify and revoke the past order.
In Kamlesh Kumar Tiwari vs. Kamini Tiwari the application of petitioner seeking clarification got rejected by the Supreme court as it was evident from the memo of appeal of the first round of litigation and the order of appellate court, the petitioner has specifically taken a plea of ouster from residence and said plea was considered by the appellate court and rejected. Therefore, there are no grounds to review the petition so the petition has been dismissed.
There are several other judgments as well which has been dismissed by the courts due to lack of relevant evidence from the side of the parties. For example Nisha Anna Saji vs. Anil Thomas, Amalraj Petitioner vs. Kanikkai Meri, etc.