As per DV sec 23(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.
Can ex parte set aside appeal filed on the ground of no police complaint filed and no protection officer involved and no DIR filed in any case ?
What was the prime facie evidences which satisfy magistrate as everything is missing?
Can such kind of ex parte order challenged in upper courts after 3 years of judgement.?
Experts and researchers Please suggest.
Thanks
