U/s 25 of dv act-2005/ urgent advise needed
Athi Vishal HD
(Querist) 25 February 2015
This query is : Resolved
Respected experts,
I asked my lawyer to file application u/s 25 of DV Act-2005 for modification of order of the interim compensation amt. on changed circumstances in the same court(i.e lower court) as advised by experts of this forum.
But my lawyer said that, there is no provision to file application u/s 25 in the same Court (lower court) and such application must be filed in higher court.In meantime he said that we may approach the Highcourt to stay the DV case instead of u/s 25.
I am very much confused, so I need urgent advise from the learned experts. Beacause my DV case is posted for trial on 3/3/2015. If I failed to pay the Rs. 130000/- my lawyer said that the court will issue FLW arrest warrant.
Please advise me.
ajay sethi
(Expert) 26 February 2015
your lawyer is wrong . read provisions of section 25(2) of DV act
Duration and alteration of orders.—
(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. tc "25. Duration and alteration of orders.—(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge."
(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. tc "(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate."
Guest
(Expert) 26 February 2015
Repeated query. Problem already discussed at the following link:
http://www.lawyersclubindia.com/experts/Interim-compensation-in-dv-case--524046.asp
Nadeem Qureshi
(Expert) 26 February 2015
Dear Querist
As per the section 25 sub section 2 of the protection of women from domestic violence act-2005, the trial court have power to modify the order.
you have two option, either file an appeal along with an stay application before session court u/s 29 of Protection of Women from Domestic Violence Act-2005 or file an application u/s 25(2) of Act before trail Court.
Read the section 25 & 29 of the act Carefully.
Feel free to Call
Nadeem Qureshi
(Expert) 26 February 2015
25. Duration and alteration of orders.—
(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.
(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.
29- Appeal.
There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.
Dr J C Vashista
(Expert) 27 February 2015
I fully agree with expert Sh. PS Dhingra. No reply for repeated query, sorry.
T. Kalaiselvan, Advocate
(Expert) 02 March 2015
I agree with the experts views. You were advised that if your advocate is not competent enough to handle the issue, you may change him for another lawyer and proceed, dont depend on him anymore.
