Maintenance Cannot Be Reclaimed Retroactively in Domestic Violence Cases: Supreme Court

An order for revocation can only apply prospectively, not to periods before the order. Supreme Court of India in S Vijikumari v. Mouneshwarachari C, ruled that maintenance already paid under a domestic violence order cannot be reclaimed retrospectively. The Court, presided by Justices B.V. Nagarathna and N.K. Singh, set aside the Karnataka High Court's decision to remand the matter to the Magistrate, holding that any modification under Section 25 of the Domestic Violence Act can only apply prospectively, following a change in circumstances after the original order.

The appellant, S Vijikumari, was awarded maintenance of ₹12,000 per month in 2015 under the Protection of Women from Domestic Violence Act. The respondent, her husband Mouneshwarachari, filed an application under Section 25 of the Act, claiming that the maintenance should be revoked due to the wife's alleged employment and misrepresentation. He sought a refund of the entire amount paid since the original order.

The central issue was whether the respondent could seek a refund of maintenance already paid by claiming a change in circumstances. The Supreme Court examined whether Section 25(2) of the Domestic Violence Act allows for such retroactive modifications.

Justice Nagarathna clarified that any alteration, modification, or revocation under Section 25(2) of the Act can only apply from the date the application is made, not retrospectively. The Court emphasized that the respondent's request for a refund of the entire amount paid since 2015 was not maintainable, as the original order had attained finality and could not be undone.

"Revocation or modification of maintenance can only apply prospectively; it cannot relate to periods before the application."

The Supreme Court set aside the High Court's remand order and dismissed the respondent’s application for a refund of maintenance. However, it allowed the respondent to file a fresh application for revocation or modification of the maintenance order, but only prospectively.

Date of Decision: September 10, 2024

S Vijikumari v. Mouneshwarachari C​.