Supreme Court Clarifies Modification of DV Act Orders Under Section 12 Due to Changed Circumstances.
In a recent ruling, the Supreme Court explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to modify or revoke orders issued under Section 12.
Justices BV Nagarathna and N Kotiswar Singh noted that Section 25(2) has a broad scope, applicable to various orders, including maintenance, residence, and protection.
The court emphasized that a magistrate must determine if a significant change in circumstances has occurred to justify altering an order. This change can be pecuniary, such as fluctuations in income for either party, or related to other relevant factors like the cost of living. The provision allows for adjustments in maintenance amounts or other necessary changes in relief granted.
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