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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