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september 2024

Supreme Court of India · 2024-09-10

S Vijikumari vs Mowneshwarachari C

Citation / case number
2024 INSC 732
Court
Supreme Court of India
Petitioner
S Vijikumari
Respondent
Mowneshwarachari C
Author
B.V. Nagarathna
Bench
B.V. Nagarathna

Judgment text excerpt

The Supreme Court held that under Section 25 of the Protection of Women from Domestic Violence Act, 2005, an application for alteration, modification, or revocation of an order must be maintainable and cannot seek to set aside a prior order. The Court found that the respondent's application effectively sought to overturn the Magistrate's order dated 23.02.2015, which was not permissible under the Act. Consequently, the Court set aside the High Court's order remanding the matter and dismissed the respondent's application, upholding the original order for maintenance and compensation.

S Vijikumari vs Mowneshwarachari C · Niyam