Case Note & Summary
The petitioner, Sri Ravi S @ Jeevan S., filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a writ of certiorari to quash an order dated 19.12.2025 passed by the Judicial Magistrate First Class (III Court), Mysuru, in Crl.Misc.Case No.161/2025. The impugned order was passed on an interim application (I.A.No.I) filed by the first respondent, Smt. Sahana Devi A., under Section 23(1) of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), granting interim maintenance to her. The petitioner contended that the Magistrate passed the order ex-parte without issuing any notice to him or affording him an opportunity of being heard, thereby violating the principles of natural justice. The respondents included the wife (R1) and other family members (R2 to R7), who were formal parties. The High Court, after hearing both sides, observed that the Magistrate had not issued notice to the petitioner before passing the impugned order, which was a clear breach of natural justice. The court held that the order could not be sustained and accordingly quashed it. The matter was remitted back to the Magistrate for fresh consideration after providing notice and hearing to both parties. The court directed the Magistrate to dispose of the application expeditiously, preferably within four weeks from the date of receipt of a copy of the order.
Headnote
A) Family Law - Domestic Violence - Interim Maintenance - Section 23(1) Protection of Women from Domestic Violence Act, 2005 - Ex-parte order without notice - The Magistrate passed an order granting interim maintenance to the respondent without issuing notice to the petitioner or affording him an opportunity of hearing - Held that such an order violates principles of natural justice and is liable to be quashed (Paras 2-4).
Issue of Consideration
Whether the order passed by the Judicial Magistrate First Class (III Court), Mysuru, on I.A.No.I in Crl.Misc.Case No.161/2025 under Section 23(1) of the Protection of Women from Domestic Violence Act, 2005, granting interim maintenance ex-parte without notice to the petitioner, is sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 19.12.2025, and remitted the matter back to the Magistrate for fresh consideration after providing notice and hearing to both parties. The Magistrate was directed to dispose of the application expeditiously, preferably within four weeks from the date of receipt of a copy of the order.
Law Points
- Natural justice
- right to be heard
- ex-parte order
- maintenance
- Protection of Women from Domestic Violence Act
- 2005
- Section 23(1)
- writ of certiorari
- Article 227 of Constitution of India
