Family Court Lacks Jurisdiction To Decide Maintenance Modification Pleas Under Domestic Violence Act: Bombay High Court

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Published 4 November 2026

Case: Not specified in source
Court: Bombay High Court
Bench: Justice Sharmila Deshmukh
Citation: Not specified in source
Statutes: Protection of Women from Domestic Violence Act, 2005 — s.25(2)
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Bombay High Court, in a decision by Justice Sharmila Deshmukh, held that Family Courts lack jurisdiction to entertain applications for modification of maintenance orders passed under the Protection of Women from Domestic Violence Act, 2005. Such applications must be filed before the Magistrate who passed the original order, as per Section 25(2) of the DV Act.

Ratio Decidendi · Legal Principle Established

A Family Court does not have the jurisdiction to entertain an application for modification of a maintenance order passed by a Magistrate under the Protection of Women from Domestic Violence Act, 2005. The power to alter, modify, or revoke such orders vests exclusively with the Magistrate who passed the original order, as provided under Section 25(2) of the DV Act.

Practice & Procedural Impact for Advocates

Advocates seeking modification of maintenance orders under the DV Act must file such applications before the original Magistrate, not the Family Court. Litigants should be advised that Family Courts cannot entertain such pleas, avoiding jurisdictional challenges and delays.

Key Legal Takeaways

1Family Courts cannot modify DV Act maintenance orders.
2Section 25(2) of the DV Act grants modification power exclusively to the Magistrate.
3Applications for modification must be filed before the Magistrate who issued the original order.

The Legal Issue The core legal question before the Bombay High Court was whether a Family Court possesses the jurisdiction to entertain an application for modification of a maintenance order that was originally passed by a Magistrate under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

Court's Reasoning Justice Sharmila Deshmukh of the Bombay High Court clarified that the power to alter, modify, or revoke an order passed under the DV Act is specifically conferred upon the Magistrate who passed the original order, as per Section 25(2) of the DV Act. The court reasoned that the DV Act is a special enactment, and its provisions, particularly regarding the modification of orders, must be strictly adhered to. The Family Courts Act, 1984, while granting jurisdiction over maintenance matters, does not override the specific provisions of the DV Act concerning the modification of orders issued under it. Therefore, the Family Court lacks the inherent jurisdiction to entertain such modification applications.

What Follows Consequently, any application seeking the alteration, modification, or revocation of a maintenance order issued under the Protection of Women from Domestic Violence Act, 2005, must be filed before the Magistrate who initially passed that order. Family Courts will not entertain such applications, and parties will be directed to approach the appropriate Magistrate's court.