Guidelines to be followed by Magistrate for dealing with the applications filed under domestic violence Act
The Magistrates shall be careful while passing ad interim orders without notice under sub section (2) of Section 23. It is made clear that even without issuing notice to the respondent in appropriate cases, ad interim order under sub section (2) could be passed. But that order is to be made absolute with or without modification, after serving notice on the respondent. If the respondent does not appear, then an ex parte order as provided under Rule 12(3) is to be be passed under section 23(1). If respondent appears and objects, after hearing the respondent, appropriate order is to be passed as provided under section 23 (1). The order passed under sub section (2) would only be of ad interim in nature. In the light of the earlier findings the following guidelines could be laid to be followed by the trial courts dealing with the applications filed under the Act.
(i) Notice of the
application filed under
section 12 of the Act shall
be served as provided in
Section 13, complying the
procedure laid down in Rule
12 of Protection of Women
from Domestic Violence Rules.
(ii) The notice is to be send
in Form VII as prescribed
under the Rules.
(iii) The notice to be served
on the respondent shall be
accompanied by copy of
application filed under
section 12 and 23 if any.
(iv) The Magistrate can pass
interim order under section
23(1) ex parte. But that ex
parte order could be passed
only after service of notice
as provided under Rule 12(3)
of the Rules.
(v) The Magistrate can pass
an ex parte ad interim order
without notice to the
respondent, as provided under
section 23(2).
(vi) In case an ex parte ad
interim order is passed
without notice, or service of
notice on the respondent, on
his appearance, after
granting an opportunity to
the respondent to object the
claim and on hearing the
applicant and the respondent,
a final interim order under
