Section 23: Power to grant interim and ex parte orders

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

Interim Injunction
Summary Order
JMFC / Mahila Court
Act 2005

Legal Commentary & Landmark Judgments: Section 23

Section 23 empowers the Magistrate to pass Interim and Ex Parte Orders upon affidavit, ensuring immediate protective relief before issuing notice to the respondent.

  • Protection Orders & Officer Duties: Ex parte orders can cover interim protection orders, residence restraints against dispossession, interim maintenance, and temporary child custody.
  • Procedural Scope: Sets the parameters for invoking statutory remedies and judicial protections.

Section 23 empowers Magistrates to grant ex parte interim relief upon affidavit, ensuring vulnerable victims receive immediate judicial protection without delay.

Key Landmark Precedents:
  • Rajnesh v. Neha (2020) 10 SCC 703: Mandated that interim maintenance under Section 23 must ordinarily be awarded from the date of application to prevent the respondent from exploiting trial delays.
  • Shalu Ojha v. Prashant Ojha (2018) 8 SCC 453: Held that interim orders passed under Section 23 are immediately executable and non-compliance cannot be tolerated during appellate challenges.
Legal Commentary:

Section 23 is the emergency lifeline of the Act. When a woman is thrown out of her house at midnight or faces imminent physical harm, waiting for formal summons service would defeat justice. An ex parte order on affidavit provides instant judicial protection, restraining eviction and securing interim funds overnight.