Section 23 of PWDVA : Section 23: Power To Grant Interim And Ex Parte Orders

Explanation using Example

Imagine a scenario where a woman named Priya files a complaint under the Protection of Women from Domestic Violence Act, 2005, alleging that her husband, Rahul, has been physically abusive towards her. Upon receiving the complaint, the Magistrate reviews the evidence presented, which includes photographs of injuries and a medical report.

Under Section 23(1), the Magistrate, considering the urgency of the situation, may issue an interim order for Rahul to stay away from Priya and their children until the final hearing. This is to ensure their safety and prevent further harm.

Furthermore, if Priya's application shows clear signs that Rahul has been violent and there is a high risk he might continue this behavior, the Magistrate, as per Section 23(2), may issue an ex parte order. This order could potentially include provisions from sections 18 to 22, like prohibiting Rahul from entering the place where Priya is residing, granting her custody of the children, and ordering maintenance to meet her financial needs, all based on Priya's affidavit and without the need for Rahul to be present or heard at this initial stage.