Change in circumstances for maintenance in domestic violence

Originally posted by : R K Gupta
	Dear Sirs / Madam, Thanks for reading this post.  MY QUERY IS :: CAN CHANGE IN CIRCUMSTANCES BE THE MAIN GROUND OF FILING APPEAL AGAINST ORDER OF MAINTENANCE IN DOMESTIC VIOLENCE CASE 2016 - Wife files DV Petition along with Application for Interim Maintenance 2017 - Magistrate passed order disposing off application of interim maintenance.  2017 - Wife files appeal for enhancement on the ground of change in circumstances (since she filed the original application in 2016)   Can change in circumstances be taken up in appeal in maintenance cases in Domestic Violence? As per my understanding a separate application needs to be filed before trial court. In appeal she has raised issues on which the husband did not get opportunity to rebut before trial court. Is there any authority or judgement on this issue? Thanks & Regards K Gupta

Your understanding is correct. Change in circumstance should be filed in same court. In appeal court only checks the order of the trial court, by going through trial court record.

You should contact your advocate.

You should contact your advocate.

Dear Sirs

I am in touch with my advocate. We need some legal authority/judgement to support this view point.

I need your help in this.

Thanks

Dear Sir / Madam

Thanks for your reply. Actually the issue is still pending. We want to take up this plea that change of circumstances can not be the ground to challenge the order of trial court in maintenance matter and that a petition citing change of circumstances can only be filed before the trial court only. The reasoning in my mind is that the order of trial court can not be held erroneous for not considering the facts which were not before it.

I am looking for some SC/HC judgements in support. 

Thanks & Regards