seeking advice to Vacate/Neutralize the Reliefs/Directions of the DV

1000 votes

The premise is legally incorrect. A Family Court does not have appellate or supervisory jurisdiction over a Magistrate’s order under the Domestic Violence Act. The DV order can be set aside or modified only: By the Sessions Court in appeal (Section 29 DV Act); or By the same Magistrate under Section 25 DV Act (alteration/variation/revocation upon change in circumstances); or In exceptional cases, by the High Court in its inherent/writ jurisdiction. Accordingly, a Family Court cannot declare the DV reliefs (protection, maintenance, return of ornaments) as satisfied or set aside unless such satisfaction is formally recorded by the competent Magistrate or in appellate proceedings. If a settlement/MOU has been arrived at, the correct course is to: Move an application before the Magistrate under Section 25 DV Act to record the settlement and seek modification/closure; and/or Place the settlement before the appellate court for appropriate orders. Territorial coincidence (both matters being in Medchal-Malkajgiri) does not confer jurisdiction on the Family Court to interfere with a DV order. Until properly modified or set aside by a competent forum, the DV order continues to be valid and executable.

Advocate Pavani Kumari LawRato