Understanding the process of Modification and Alteration of orders passed under the Domestic Violence Act.

-By Atul Singh, Advocate

Are Domestic Violence Orders Subject to Modification or Alteration?

Proceedings under the Protection of Women from Domestic Violence Act can be challenging, especially when it comes to understanding the nature of the orders issued under the said Act. As a lawyer, I often encounter litigants who mistakenly believe that once a domestic violence order is granted, such as an interim maintenance order, it is permanent and will remain in effect throughout the proceedings. This misunderstanding can foster confusion about their rights, potentially leading to serious challenges.

Domestic violence orders, including those related to maintenance, are not necessarily set in stone. They can and should be reassessed in light of changing personal circumstances to ensure that justice is served. Factors such as fluctuations in income, relocation, or shift in family dynamics can significantly impact the relevance and adequacy of these orders over time.

Consider a Complainant who initially receives an interim maintenance order of ₹15,000 per month for herself and her young child. Over time, the financial demands related to her child’s education may increase, rendering the initial maintenance amount insufficient. The court may not have accounted for these future needs when the order was issued, as those circumstances did not exist then. Consequently, the Complainant may seek an increase in maintenance to meet the rising educational costs.

On the other hand, if the Respondent experiences a significant reduction in income or a situation that cause a surge in his monthly expenses whereby the existing maintenance order may no longer be viable. In such situations, the Respondent may seek to have the order modified, arguing that the change in his financial situation makes it challenging to comply with the original maintenance obligations. This highlights the importance of the court's ability to adjust orders based on evolving circumstances.

To initiate a reassessment of an existing order in the light of the changed circumstances, either the Aggrieved person or the Respondent can file an Application under Section 25(2) of the Domestic Violence Act. This application must clearly state the grounds for the said modification or alteration and include a thorough explanation of the changed circumstances. It is also imperative that supporting documents are placed on record; for example, if the petitioner’s financial needs have increased, she should provide evidence such as a school admission document or document showing enhancement in the tuition. Conversely, if the respondent is facing financial hardship, he should submit proof such as termination letters or salary slips showing a reduction in the income as compared to the income when the original order was passed. Documents of such nature help the court to take a prima facie view and enhance the likelihood of a favorable outcome. It is important to note that the changed circumstances must be genuine and not artificially created to undermine the legal process. Also, such recourse should not be sought for every negligible shift in circumstances.

In the recent judgment titled as ‘S. Vijikumari versus Mowneshwarachari (2024 INSC 732)’, the Hon’ble Supreme Court emphasized that Section 25(2) allows for the alteration, modification, or revocation of orders based on changes in circumstances that arise after the issuance of the original order. Importantly, any such alterations are prospective, meaning that they cannot be applied retrospectively. This principle prevents applicants from seeking refunds for amounts already paid under the original order or requesting increased amounts from the date of the original order.

The Supreme Court's judgment serves as a critical reminder that while domestic violence orders provide essential protections, they must remain adaptable to ensure fairness. The Court further clarified that Magistrates must assess changes in circumstances based on the evidence presented by both parties, reinforcing the legal system's responsiveness to individual situations.

The flexibility inherent in the Domestic Violence Act is vital for protecting the rights of those involved while ensuring fairness as circumstances change.

In conclusion, domestic violence orders are not immutable; they can and should be modified in response to changing circumstances. Understanding this flexibility empowers litigants to seek adjustments that accurately reflect their current situations, thereby upholding the principles of justice and fairness.