Section 23 of the Protection of Women from Domestic Violence Act, 2005 – Power to Grant Interim and Ex Parte Orders
Section 23 of the Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to issue interim and ex parte orders for the protection and welfare of an aggrieved woman. These powers are intended to offer urgent and immediate relief to victims of domestic violence, even before the final outcome of the case.
Interim Orders
An interim order is a temporary order passed by the Magistrate during the pendency of the case. Under Section 23(1), the Magistrate may grant any of the reliefs under the Act (such as protection orders, residence orders, monetary relief, custody, or compensation) on a provisional basis if it appears necessary for the safety and well-being of the woman.
These orders remain in force until they are modified, revoked, or replaced by a final order.
Ex Parte Orders
Under Section 23(2), the Magistrate can pass ex parte orders—i.e., orders issued without hearing the respondent—if the Magistrate is satisfied, based on an affidavit or other material, that there is a prima facie case of domestic violence and that delay may cause further harm to the aggrieved person.
This is particularly crucial when:
- The woman is in immediate danger.
- Waiting for the other party’s reply could aggravate the situation.
Conclusion
Section 23 plays a critical role in ensuring swift intervention in cases of domestic violence. By allowing interim and ex parte reliefs, it prioritizes the safety and dignity of women, preventing further abuse and offering urgent protection pending full adjudication of the matter.