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Manasi Save (Legal Practioner)     06 December 2014

Amendment application in appeal

1. can a respondent in domestic violence case, file a amendment application in appeal on the grounds of change of circumstances and financial inability to comply the order of maintenance and rent 2. if the application is allowed by the Sessions Court, is it advisable for the party to challenge the said order in High Court please advise


 4 Replies

N R Dash.. (Advocate)     06 December 2014

Yes, there are provisions in law for the respondent to apply for alteration in the order on the basis of change in circumstances. The Magistrate may grant relief to the respondent. 

The maintenance & rent benefits can only be paid if the respondent has sufficient means. If in changing circumstances, he is struggling to meet both the ends, it is bound to be altered that the order passed for the maintenance & rent be revised upon an application by the respondent.

Manasi Save (Legal Practioner)     07 December 2014

please read the query, very carefully before answering it.

N R Dash.. (Advocate)     08 December 2014

#Manasi Save,

1. If the respondent is appealing u/s 29 of the domestic violence act, he can apply for alteration, however:

  • The court may reject it on the ground that change in circumstances were not intimated before passing of such order and ask the respondent to file fresh u/s 25 of the act.
  • If the respondent could prove that he had already intimated the court during the proceeding regarding the change in circumstances, there might be chances that the alteration application be granted.

2. It is a general provision in ohat the judgements can be appealed in the higher forum. However, grant of a decree is totally on the basis of the legal aspects & of technical nature.

As I mentioned before, the court has to take into account of all possibilities & situations before fixing & altering the amount. 

If anybody dies, or paralysed in an accident & could not even meet his both ends, would/can the court force him to comply with such an order?? Or put him for rigorous punishment???!!!!!!!!

Pragyan Mishra (-)     13 December 2014

thank you for the reply....

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