Kg 08 February 2018

Sec 25(2) of dv act

Sirs Mam

The Magistrate granted ex-party interim order to Wife and allowed all Reliefs u/s. 18, 19, 19(8) and 20(1) of DV Act

Husband filed application u/s. 25(2) before Magistrate to re-decide on the basis that (a) shared house is belongs to his Father and his father does not allow Complainant Wife to stay therein and hence Wife has no right thereto and (b) further on basis that the Wife had already taken her stridhan before 2 years and kept with her Parents.

But Wife filed Reply and said that u/s. 25(2) the Magistrate have no jurisdiction to re-decide the Merits of the case and further u/s. 25(2) the Magistrate do not go in critical examination of allegations put by Husband which relates to pre-order period and Wife further added that u/s. 25(2) the Magistrate only ascertain whether there are material changes in circumstances in post-order period (i.e. changes in circumstances, if any took place after the Order is passed)

Plz. Guide with SC citation

HARIOM

Reply Follow

1 Replies

Sachin (N.A) 08 February 2018

Originally posted by : Kg
	Sirs Mam The Magistrate granted ex-party interim order to Wife and allowed all Reliefs u/s. 18, 19, 19(8) and 20(1) of DV Act Husband filed application u/s. 25(2) before Magistrate to re-decide on the basis that (a) shared house is belongs to his Father and his father does not allow Complainant Wife to stay therein and hence Wife has no right thereto and (b) further on basis that the Wife had already taken her stridhan before 2 years and kept with her Parents. But Wife filed Reply and said that u/s. 25(2) the Magistrate have no jurisdiction to re-decide the Merits of the case and further u/s. 25(2) the Magistrate do not go in critical examination of allegations put by Husband which relates to pre-order period and Wife further added that u/s. 25(2) the Magistrate only ascertain whether there are material changes in circumstances in post-order period (i.e. changes in circumstances, if any took place after the Order is passed) Plz. Guide with SC citation HARIOM

If you are staying in the same house i.e in your father's house then magistrate can grant right to reside in that house because it comes under the defination of shared household.

To challange the relief granted as right to reside. First you have to change your address / accommodation

Then your father can file an appeal under section 29 of DV Act before the session court.

You cannot file the appeal because order is against your father and not you.