Power to grant interim and ex parte orders
Section 23 of the Protection of Women from Domestic Violence Act, 2005 deals with power to grant interim and ex parte orders. In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper. The Act came into force on 26 Oct 2006.
(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 section18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.
Section 23, The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Shalu Ojha v. Prashant Ojha
Court's Decision & Legal Precedent
Judgment of Main Case order-10.pdf 2014-09-18. Crl.A. 2070/2014. J. Chelameswar / A.K. Sikri. Non-reportable. DATE-CHECK false positive (2007-04-20 marriage / 2007-08-14 / 2007-10-17 fact dates); body is the named 18 Sept 2014 judgment (ends ‘New Delhi; September 18, 2014’). Isolates DV 23: express power to grant interim and ex parte orders is conferred on the Magistrate, not on the Sessions Court in a s.29 appeal; High Courts should be slow to stay DV maintenance. Recites s.3 definition but does not isolate it. Map dv-act 23 cited only. Do not pad dv-act 12 (already filled by Prabha Tyagi) or s.20. Do not map s.3 from this recital.
On this section: DV Act 23 confers interim/ex parte power on the Magistrate; a Sessions Court on s.29 appeal has no express stay power, and High Courts should be slow to stay maintenance (Shalu Ojha). Do not pad dv-act 12 (already filled) or map s.3 from the recital.
-
Sou. Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade
Court's Decision & Legal Precedent
The undefined term 'relative' in the proviso to Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 is not gender-restricted and includes female relatives of the husband or male partner. Therefore, an aggrieved wife or female can file a complaint against female relatives of her husband or male partner under the Act, and such female relatives can be made respondents in domestic violence proceedings.
On this section: Provision allowing the Magistrate to pass interim relief orders including maintenance and protection from dispossession
-
Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari
Court's Decision & Legal Precedent
Courts dealing with petitions/complaints filed under the Domestic Violence Act, 2005 have the inherent power to allow amendments to such petitions/complaints even though no specific amendment provision exists in the Criminal Procedure Code, 1973. Such amendments can be allowed in appropriate cases where: (1) the amendment relates to curable infirmities or subsequent events creating new causes of action; (2) allowing the amendment serves to avoid multiplicity of litigation; (3) no cognizance has been taken or summons issued; (4) the amendment does not fundamentally change the nature of the complaint; and (5) no prejudice is caused to the respondent. The civil nature of reliefs available under the Domestic Violence Act and the Legislature's intent as reflected in Section 28(2) support the exercise of this power.
On this section: Vests Magistrate with power to grant interim ex-parte orders. Court emphasized this provision's importance in procedural flexibility.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 23
What have the courts held on Section 23 of the Protection of Women from Domestic Violence Act?
Shalu Ojha v. Prashant Ojha (18 Sep 2014) is the leading judgment on this section among those set out below: DV Act 23 confers interim/ex parte power on the Magistrate; a Sessions Court on s.29 appeal has no express stay power, and High Courts should be slow to stay maintenance (Shalu Ojha). Do not pad dv-act 12 (already filled) or map s.3 from the recital. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2011 to 2016.
How do I find court cases under Section 23 of the Protection of Women from Domestic Violence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: DV Act 23, section 23 DV Act, section 23 of the Protection of Women from Domestic Violence Act. People searching for it also type dv act 23(2) and dv act 23 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Shalu Ojha v. Prashant Ojha (18 Sep 2014).
What should I read with Section 23 of the Protection of Women from Domestic Violence Act, and has it changed?
Its own text turns on section 19 (Residence orders), section 20 (Monetary reliefs), section 21 (Custody orders), section 22 (Compensation orders), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 23 of the Protection of Women from Domestic Violence Act come into force?
Section 23 of the Protection of Women from Domestic Violence Act, cited as DV Act 23, came into force on 26 Oct 2006, having been enacted on 13 Sep 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions623 words
- 3. Definition of domestic violence482 words
- 37. Power of Central Government to make rules443 words
- 19. Residence orders431 words
- 9. Duties and functions of Protection Officers360 words
- 20. Monetary reliefs336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.