Abhinaw Prakash Singh 18 August 2018

Domestic violence act 2005

In domestic violence act Did
CJM have power to give judgement without hearing accused party , without giving any notice to the accused .

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2 Replies

Naa Channel Naa Istam 18 August 2018

no not all. We are in democracy. this is completely against to the principles of natural. don't think otherwise your question is frivolous

Adv Deepak Joshi +917017821512 (Advocate) 18 August 2018

Dear querist,

Yes, Magistrate is empowered as per section 23.

23. Power to grant interim and ex parte orders.—(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.

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