Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, the appellant-wife secured maintenance under the Domestic Violence Act. The respondent-husband's appeal against this order was dismissed due to delay, rendering the order final. Subsequently, the
...respondent filed an application under Section 25 of the Act seeking to set aside the original order and a refund of maintenance, claiming the wife misrepresented her employment status. This application was initially dismissed but later remanded by the Appellate Court and High Court for reconsideration. The appellant-wife challenged these remand orders before the Supreme Court. The question arose whether an application under Section 25(2) of the Domestic Violence Act could be used to retrospectively set aside an original order and seek a refund of maintenance, especially when the alleged change in circumstances predated the original order. Finally, the Supreme Court ruled that Section 25(2) of the Act permits alteration, modification, or revocation of orders only due to a change in circumstances occurring *after* the original order was passed and operates prospectively. Therefore, the respondent's application, seeking to set aside a final order and obtain a refund based on circumstances predating the original order, was not maintainable. The Court set aside the High Court and Appellate Court orders, dismissing the respondent's application but reserving liberty for a fresh prospective application.
Bench
Applied Acts & Sections
Section 12
–The Protection Of Women From Domestic Violence Act, 2005
Section 18
–The Protection Of Women From Domestic Violence Act, 2005
Section 25
–The Protection Of Women From Domestic Violence Act, 2005
Section 29
–The Protection Of Women From Domestic Violence Act, 2005
Source & Integrity Notice
This is a faithful reproduction of the official record from the e-Courts Services portal, extracted for research.
To ensure "Contextual Integrity," all AI insights must be cross-referenced with the official PDF,
which remains the sole authoritative version for judicial purposes.
This platform provides research aids, not legal advice; verify all content against the official Court Registry before legal use.
Legal Notes
Add a Note....