In a DV Act case, the Magistrate passed an interim ex parte order u/s 23 for protection, residance & maintainence order after the husband refused to accept the summons(which is the report submitted by the officer serving the notice) thereafter Magistrate gave him time for 3-4 dates(mentioned in the interim ex parte order) & thereafter satisfying himself upon the FIR's & medical injury reports as submnitted by the Petitioner-wife(mentioning this fact in his interim ex parte order) passing such an order. Magistrate issued recovery warrants for the maintainence amount which husband continued defaulting. Husband was notified of the Domestic Violence case & order in another suit however still he did not appear by the wife. Husband appeared in the same Magistrate court in divorce proceeding then the wife asked Magistrate to serve the recovery warrant on the husband. Husband appeared thru counsel & filed application u/s 25 DV Act asking recall/revokation of the interim ex parte order passed 1 years ago.
My Question-
1. Can the husband file revocation of the interim ex parte order passed 1 year ago u/s 25 in the above circumstances?
2. Can the Magistrate recall his own order in the above said circumstances(Justice Adalat Prasad in a judgement said a Magistrate cannot recall his own order)?
3. Even if the case has to be now argumented, does the Respondent-husband need to pay the interim maintainence granted or that too only after the decision of the case?
There is no stay or any such adverse order by any Higher Court.
I will really be greatful if the experts of The Law can give their assesment on this matter.
Regards,
