Order 3

Order Details: Order Below EX 1
Pdf Text: Court Case No. 116/DV/2023
ORDER BELOW EXH.24
Perused, heard. Vide order dated 31.07.2025 below Exh.5 my
Predecessor pleased to reject Interim Maintenance Application of the
applicant. Instead of filing appeal against the said order, applicant has
filed this application below Exh.24 for revocation, alteration or
modification.
2. My Predecessor vide order below Exh.5 refused to grant
maintenance, holding applicant is earning Rs.52,000/- per month and
holding this rejected Interim Maintenance. This application below
Exh.24 is filed under section 25 of Domestic Violence Act (D.V.A.).
3. It is submitted that, the court has committed an error in
finding that, the applicant is earning. So, instead of going in appeal, the
applicant has filed this application for modification or alteration.
4. On the other hand, it is submitted that, appropriate remedy is
to file appeal and application under section 25 of D.V.A. is not
maintainable.
5. I have gone through section 25 and 28 of D.V.A. which
provides that, any order under D.V.A. can change, alter or modify, if
there is change in circumstance. But, in the present case there is no
change in circumstance, rather it is asserted that the court has
committed error in understanding that the applicant is earning
Rs.52,000/- per month. When, applicant is agrieved on the ground of
error in the order this court is of opinion that appeal under section 29 of
D.V.A. is the appropriate remedy and not application under section 25 of
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Court Case No. 116/DV/2023
the D.V.A.. Section 25 of D.V.A. is inapplicable to the facts of this case.
Section 29 of D.V.A. will be applicable which provides appeal against the
order. Hence, application is held to be not maintainable and disposed
off.
MUMBAI (R. T. Ingle)
DATE – 31.07.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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