Modify or change order under domestic violence

784 votes

if you are not living with your parents or want a separate residents the court can provide you that but you need to satisfy the court that you don't have any residence to live. court can ask your husband to provide you a residence or you can resided on your maternal home. you can take maintenance for your personal expenses too from your husband.

Advocate Himanshu Sharma LawRato

711 votes

Yes, you may move an application before the same Magistrate under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 seeking modification or clarification of the interim maintenance order. Section 25(2) permits alteration, modification, or revocation of an order if there is a change in circumstances or if clarification is required. Under Section 17 of the DV Act, an aggrieved wife has an independent right to residence, irrespective of whether she is presently residing with her parents. Temporary shelter with parents does not defeat her statutory right to secure alternative accommodation or rent from the respondent. However, since your petition stated that you are living with and dependent upon your parents, and rent receipts were apparently placed on record, the Court may view this as a factual inconsistency. Therefore, your application must clearly explain the circumstances — whether you were compelled to stay with parents, whether rent was actually being paid, and why clarification is necessary

Advocate Aman Sapiah LawRato