Sections 23, 24 and 25 of the Domestic Violence Act: Interim Orders, Free Copies and Alteration of Orders

Section 23: Power to grant interim and ex parte orders

Meaning: An interim order is a temporary order made while the proceeding is pending so that appropriate protection or relief can operate before final disposal. An ex parte order is an order that may be made without first hearing the respondent when the conditions in Section 23(2) are satisfied.

Section 23(1): Interim order

In a proceeding under the Act, the Magistrate may pass an interim order considered just and proper. This gives the court power to provide temporary relief suited to the circumstances of the pending domestic violence proceeding.

Section 23(2): Ex parte order

If the application prima facie shows that the respondent is committing or has committed domestic violence, or that there is a likelihood of domestic violence, the Magistrate may grant an ex parte order on the basis of the prescribed affidavit of the aggrieved person. Such relief may relate to Section 18 protection orders, Section 19 residence orders, Section 20 monetary relief, Section 21 custody orders or Section 22 compensation orders.

The Protection of Women from Domestic Violence Rules, 2006 prescribe Form III as the affidavit under Section 23(2). The statutory test is a prima facie disclosure at this interim stage; the final rights and liabilities are determined in accordance with the Act and applicable procedure.

Section 24: Court to give copies of order free of cost

Whenever the Magistrate passes an order under the Act, a copy of that order is to be supplied free of cost to the parties to the application and to the police officer in charge of the police station within whose jurisdiction the Magistrate was approached.

The provision also covers a service provider located within the local limits of the court's jurisdiction and, where a service provider has registered a domestic incident report, that service provider. The purpose is to ensure that the persons and authorities concerned with implementation have access to the court's order without a copying charge.

Section 25: Duration and alteration of orders

Section 25(1): Duration of a protection order

A protection order made under Section 18 remains in force until the aggrieved person applies for its discharge. Section 25(1) specifically addresses a protection order under Section 18.

Section 25(2): Alteration, modification or revocation

On an application by the aggrieved person or the respondent, the Magistrate may alter, modify or revoke an order made under the Act if satisfied that a change in circumstances requires it. The Magistrate must record reasons in writing for the order made under Section 25(2).