DV Act |When Can Order Passed Under S.12 Be Modified/Altered Due To Change In Circumstances? Supreme Court Explains

The Supreme Court, in a recent judgment, has explained when Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 can be invoked to seek the alteration, modification or revocation of an order passed by the Magistrate under Section 12 of the Act.

The bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the scope of Section 25(2) of the Act is broad enough to deal with all nature of orders passed under the Act, which may include orders of maintenance, residence, protection, etc.

Tthe Magistrate while exercising his discretion under Section 25(2) of the Act has to be satisfied that a change in the circumstances has occurred, requiring to pass an order of alteration, modification or revocation.

The Court explained : 

"A change in the circumstances under the Act may be of either a pecuniary nature, such as a change in the income of the respondent or an aggrieved person or it could be a change in other circumstances of the party paying or receiving the allowance, which would justify an increase or decrease of the maintenance amount ordered by the Magistrate to pay or any other necessary change in the relief granted by the Magistrate including a revocation of the earlier order. The phrasing of the provision is wide enough to cover factors like the cost of living, income of the parties, etc."

Change in circumstance can be of either the respondent or the complainant

A change in the circumstances need not just be of the respondent but also of the aggrieved person, the Court clarified.

For example, a change in the financial circumstances of the husband may be a vital criterion for alteration of maintenance but may also include other circumstantial changes in the husband or wife's life which may have taken place since the time maintenance was first ordered.

Change in circumstance must happen after the S.12 order was passed

For the invocation of Section 25(2) of the Act, there must be a change in the circumstances after the order being passed under the Act. The applicant cannot seek its retrospective applicability, so as to seek a refund of the amount already paid as per the original order.

"The revocation of an order, inter alia, under Section 12 of the Act sought by a party cannot relate to a period prior to such an order being passed..Thus, such an application for alteration, modification or revocation filed under sub-section (2) of Section 25 of the Act cannot relate to any period prior to the order being passed, inter alia, under Section 12 of the Act"

Also from the judgment- Domestic Violence Act | S. 25(2) Can Be Invoked Only Based On Change In Circumstances Which Occurred After S.12 Order Was Passed : Supreme Court

Domestic Violence Act Applicable To Every Woman In India Irrespective Of Her Religious Affiliation & Social Background : Supreme Court