
"Supreme Court Clarifies When Orders Under Section 12 of DV Act Can Be Modified Due to Changed Circumstances"
The Supreme Court recently clarified when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005, can be used to modify, change, or cancel an order made under Section 12 by a Magistrate. A bench of Justices BV Nagarathna and N Kotiswar Singh explained that Section 25(2) has a broad scope, covering various types of orders like maintenance, residence, and protection. The Magistrate must be satisfied that a change in circumstances has occurred after the order was passed, which justifies altering, modifying, or revoking the original order. The Court further explained that a change in circumstances could be financial, such as a change in the income of either the respondent or the aggrieved person, or other relevant changes in their lives. This could lead to adjustments like increasing or decreasing maintenance or even revoking an earlier order. The law is flexible enough to account for factors like living costs and income changes. The Court emphasized that the change in circumstances doesn't only apply to the respondent but can also include changes in the aggrieved person's situation. For example, changes in the financial situation of either spouse could be grounds for modifying a maintenance order. Importantly, the Court noted that these changes must happen after the original order under Section 12 was passed. The law does not allow for retroactive changes, meaning one cannot request a refund of maintenance already paid under the original order. Case: S Vijikumari v. Mowneshwarachari C www.legalmeet.in