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Section 25: Duration and alteration of orders

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 24 All 37 Sections of Domestic Violence Act, 2005 Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 governs the duration, enforcement, and alteration of orders passed under the Act based on changes in circumstances.

  • Duration of Protection Orders: A protection order made under Section 18 remains in force until the aggrieved person applies to the Magistrate for its discharge.
  • Alteration on Changed Circumstances: If the Magistrate is satisfied that there is a material change in circumstances requiring alteration, modification, or revocation, the court may pass suitable orders.
  • Application by Either Party: Either the aggrieved person or the respondent may apply under Section 25(2) by placing documentary evidence of altered financial or residential status.

Section 25 ensures that domestic violence orders remain legally enforceable and dynamically adaptable to altered living conditions and financial circumstances.

Key Landmark Precedents:
  • Rajnesh v. Neha (2020) 10 SCC 703: Analyzed Section 25(2), holding that applications for modification of maintenance require proof of genuine, material changes in income or dependency circumstances.
  • Suresh v. State of Haryana (2014): Affirmed that protection orders remain continuously in force until formally rescinded under Section 25.
Legal Commentary:

Section 25 injects practical flexibility into domestic violence decrees. While protection orders continue indefinitely to ensure permanent physical security, financial orders under Section 20 can be modified upwards upon inflation or promotional increments, or adjusted downwards if legitimate incapacitation is demonstrated.

Section 24 All 37 Sections of Domestic Violence Act, 2005 Section 26