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Supreme Court of India 2024-09-10 allowed

S VIJIKUMARI vs MOWNESHWARACHARI C

Bench: 2 — B.V. Nagarathna, Nongmeikapam Kotiswar Singh

In Brief

A wife obtained a maintenance order under the Protection of Women from Domestic Violence Act, 2005. The husband later applied under Section 25 of the Act seeking to revoke the order and recover all amounts paid, claiming the wife had committed fraud by misrepresenting her employment status. The Supreme Court held that applications under Section 25 can only modify or revoke orders prospectively, based on changes in circumstances occurring after the original order. The husband's plea to recover past payments was rejected as it sought retrospective effect contrary to the statute's scope. The Court set aside the lower courts' decisions and dismissed the husband's application, while preserving his right to file a fresh application relating to future periods.

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Domestic Violence Maintenance Criminal Procedure Protection Orders Statutory Interpretation

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