(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.
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.
Section 23 empowers Magistrates to grant ex parte interim relief upon affidavit, ensuring vulnerable victims receive immediate judicial protection without delay.
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.