AI Overview...
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Section 25(2) of the Domestic Violence Act, 2005 - This section empowers courts to modify or vary existing orders related to reliefs such as maintenance, protection, or residence, based on subsequent circumstances or applications by either party. Courts have clarified that applications under this section require parties to lead evidence to justify modifications Sonia Singh VS Harpal Singh - Delhi, R. Saraswathi VS P. Sumithra Devi - Madras, SREEJITHA vs SHYLAJA PRAKASH - Kerala.
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Scope and Application - Section 25(2) is frequently invoked for seeking modifications of interim or existing orders, including enhancement or reduction of maintenance, or altering protection orders. Courts have held that such applications are maintainable and can be filed even after initial orders, provided the petitioner demonstrates changed circumstances Robijul Alom Laskar, S/o. Late Abdul Latif Laskar VS Arifa Ferdousi Laskar, D/o. Late Yeasin Ahmed Laskar - Gauhati, Rahul Sood VS Urvashi Sood - Himachal Pradesh.
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Interim Orders and Appealability - Orders passed under Section 25(2) are generally considered interim in nature. The appellate courts have ruled that such orders are not directly appealable under Section 29 of the Act, emphasizing the need for proper procedural channels and the importance of challenging these orders through revision or review petitions Swati Saista vs Dhirendra Kumar - Delhi.
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Legal Interpretations and Judicial Viewpoints - Courts have consistently emphasized that Section 25(2) facilitates flexible and responsive judicial intervention to meet the evolving needs of the aggrieved parties. The section ensures that reliefs granted under the Act can be modified to reflect current realities, but such modifications require adherence to evidentiary standards and procedural requirements Ramendra Kishore Bhattacharjee VS Madhurima Bhattacharjee - Crimes, Vijay Pratap Sinha VS State of Jharkhand - Jharkhand.
Analysis and Conclusion: Section 25(2) of the Domestic Violence Act, 2005, plays a crucial role in enabling courts to modify existing relief orders to suit changing circumstances of the parties involved. Its proper application requires parties to substantiate their claims with evidence, and the orders passed under this section are typically considered interim, not directly appealable. Judicial decisions underscore the importance of procedural compliance and the flexible nature of this provision to protect the rights and welfare of women facing domestic violence.
References: - Sonia Singh VS Harpal Singh - Delhi - R. Saraswathi VS P. Sumithra Devi - Madras - SREEJITHA vs SHYLAJA PRAKASH - Kerala - Robijul Alom Laskar, S/o. Late Abdul Latif Laskar VS Arifa Ferdousi Laskar, D/o. Late Yeasin Ahmed Laskar - Gauhati - Ramendra Kishore Bhattacharjee VS Madhurima Bhattacharjee - Crimes - Rahul Sood VS Urvashi Sood - Himachal Pradesh - Swati Saista vs Dhirendra Kumar - Delhi - Vijay Pratap Sinha VS State of Jharkhand - Jharkhand
Search Results for "25 2 of Domestic Violence Act"
2019 0 Supreme(Del) 1737 • India - Delhi
SANJEEV SACHDEVA
Domestic Violence Act - Maintenance - Section 25(2) - 24.09.2009 - 18.05.2018 - The judgment discusses the interpretation and ... application of Section 25(2) of the Domestic Violence Act, highlighting the requirement for parties to lead evidence regarding their ... (2) of the DV Act. ... In that view of the matter, the trial court did not commit any error in directing the partie....
2013 0 Supreme(Mad) 286 • India - Madras
G.RAJASURIA
Protection of Women from Domestic Violence Act, 2005 - Liberty to approach Magistrate under Section 25(2) Fact of the Case ... : The revision petitioner requested liberty to approach the same Magistrate under Section 25(2) of the Protection of Women ... (2) of the Protection of Women from Domestic Violence Act, 2005. ... Heard the learned counsel for the revision petitioner who would implore and entreat by pointing out that he would be satisfied if ....
2023 Supreme(Online)(KER) 2095 • India - High Court of Kerala
GOPINATH P, J
Domestic Violence - Protection of Women from Domestic Violence Act - Section 25(2) - The court allowed the petitioner to seek ... Fact of the Case: The revision petitioner initiated proceedings under the Domestic Violence Act after several orders ... Issues: The main issue concerned whether the petitioner could modify prior orders under the Domestic Violence Act in light ... from committing #HL....
2023 0 Supreme(Gau) 977 • India - Gauhati
ROBIN PHUKAN
Maintenance - Domestic Violence - Protection of Women from Domestic Violence Act, 2005 - Section 25(2) Fact of the Case: ... Act) from Rs.2,500/- to Rs.9,000/- per month for the respondent and her daughter. ... The petitioner challenges the enhancement of maintenance under the Protection of Women from Domestic Violence Act, 2005 ( ... And section 25(2) of the D.V. ... Case No.13/2018, in connection with the earlier MR(D/V) case No....
• India - Crimes
S.G.CHATTOPADHYAY
Protection of Women from Domestic Violence Act, 2005 – Section 25(2) read with Section 482 of Criminal Procedure ... Section 2 under clause (g) states that domestic violence has the same meaning as assigned to it in Section 3 of the DV Act. Section 3 of the DV Act defines domestic violence as under:— “3. Definition of domestic violence. ... Under Section 3 of the DV Act....
2018 0 Supreme(HP) 1940 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Domestic Violence - Maintenance Allowance - Protection of Women from Domestic Violence Act, 2005 - Section 12, Section 25(2)/ ... The wife had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging maltreatment ... No. 119-iv/2013, under Section 25(2) of the Act for modification of order dated 22.12.2010, passed by the learned Chief Judicial Magistrate with prayer of enhancement of t....
2024 0 Supreme(Ker) 741 • India - Kerala
A. BADHARUDEEN
CRIMINAL REVISION PETITION - DOMESTIC VIOLENCE - Protection of Women from Domestic Violence Act, 2005 - ... Ratio Decidendi: The court held that the provisions of the Domestic Violence Act allow for interim orders ... (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person o....
2024 0 Supreme(Guj) 1641 • India - Gujarat
GITA GOPI
Domestic Violence - Maintenance - Protection of Women from Domestic Violence Act, 2005, Section 25(2) - ... (2) of the D.V. ... Act. ... Application no. 37 of 2014 under the Act and an enhancement has been asked for and thus, considering the record, the learned Magistrate had dealt with the matter under Section 25(2) of the Act. 6. ... Vaghela submitted that the learned Appellate Court was require....
2015 0 Supreme(Jhk) 841 • India - Jharkhand
RONGON MUKHOPADHYAY
Domestic Violence - Protection of Women - Section 20, Section 25(2) - The court discussed the application of Section 20 of the ... Protection of Women from Domestic Violence Act, 2005 and the implications of Section 25(2) in the context of monetary relief for ... Fact of the Case: The petitioner sought to quash an order related to a complaint filed under the Protection of Women ... The monetary relief, which was granted by the learned Magistrate wa....
2025 0 Supreme(Del) 80 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
(A) Protection of Women from Domestic Violence Act, 2005 - Section 25(2) and Section 29 - Appeal against interim maintenance - The ... ... ... Issues: The main issue was whether an order under Section 25(2) of the DV Act is appealable under Section 29. ... Sessions Court dismissed the appeal on maintainability grounds, ruling that an order under Section 25(2) is not directly appealable ... 2.2. In the meantime, ....
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