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(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.
(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.
Comment: Sub-section (1) allows judge to pass interim order for any of the reliefs like protection order, residence order, monetary relief, compensation order etc. Which means that before the trial is done and evidence/cross-exam done of both parties, judge may pass interim reliefs based little more than allegations made and who argues more in the court room. Which is why it is very important to prepare the lawyer to forcefully deny the allegations in court room, and you should also be prepared to verbally argue and state faults and misdeeds of wife in the open court when case is being heard by judge.
Meaning of Ex Parte: where a court proceeding is heard in the presence of one party only and without notice to the other party(s)
The next sub-section is a bit worrisome for husbands since it allows the judge to grant an ex-parte order simply based on affidavit filed by wife. Again, the ex-parte order can be for a protection order, residence order, monetary relief, child custody order, compensation order; or any combination of these.
How it can be used against husband? Getting a temporary child custody order by wife based on merely allegations is quite easy, as I have experienced in my own case. For the others, usually the judges may not pass them without giving the husband a chance to appear and file objections. But the possibility shouldn’t be dismissed either because in rare cases it has been heard from husbands that judge in their case was insisting on passing an ex-parte order AFTER the husband had appeared in court and filed objections! One can’t help but think that the judge wants to act like he is the law!
Section 24. Order copies
The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties to the application, the police officer-in-charge of the police station in the jurisdiction of which the Magistrate has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider.
Comment: Basically, certified copies of the order can be claimed by both wife/husband free of cost, and the police officer of the area, and any women’s NGO involved in filing of the DV case being acting as a service provider under DV Act.