Refuse u/s 23(2) of dv act.


Respected Member

Under DV act Sec 23(2) petition refuse by Judicial Magistrate that without giving oportunety to respondend. But after transfar of JM new JM passed maintanence u/s 23(2) on the basis of same petition filed in early in the court. So my question is it possible under the law.   

 
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Dear querist,

 

Under section 23(2) in The Protection of Women from Domestic Violence Act, 2005, Judicial Magistrate is empowered to grant Ex-party orders for the end of justice.

 

In case the petition is rejected earlier and then latter on accepted by other JM this is matter of concern.

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
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Section 23 of DV act is one headache act but can be set aside by the same court under CPC and trial continued.  Contact good advocate.  Change your present useless vakil.

 
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