Case Note & Summary
The petitioner, Sri Ravi S @ Jeevan S., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 19.12.2025 passed by the Judicial Magistrate First Class (III Court), Mysuru, in Crl. Misc. Case No.161/2025. The Magistrate had allowed 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 and other reliefs ex-parte without issuing notice to the petitioner. The petitioner contended that the order was passed without affording him an opportunity of being heard and without recording any reasons for urgency as required under Section 23(1) of the PWDVA. The High Court observed that the Magistrate had not issued notice to the petitioner before passing the order and had not recorded any reasons for dispensing with notice or for urgency. The Court held that such an ex-parte order violates the principles of natural justice and the statutory requirement under Section 23(1) of the PWDVA. Consequently, the High Court allowed the writ petition, quashed the impugned order, and remitted the matter back to the Magistrate for fresh consideration after giving both parties an opportunity of being heard. The Court directed that the interim application be disposed of within four weeks from the date of receipt of the order.
Headnote
A) Family Law - Domestic Violence - Ex-parte Interim Order - Section 23(1) Protection of Women from Domestic Violence Act, 2005 - The Magistrate passed an ex-parte order granting interim maintenance without notice to the husband and without recording reasons for urgency - Held that such an order violates principles of natural justice and the requirement of recording reasons under Section 23(1) - The order was quashed and the matter remitted for fresh consideration after hearing both parties (Paras 2-5).
Issue of Consideration
Whether the order passed by the JMFC on an interim application under Section 23(1) of the Protection of Women from Domestic Violence Act, 2005, without issuing notice to the opposite party and without recording reasons for urgency, is sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 19.12.2025 passed by the JMFC (III Court), Mysuru, in Crl. Misc. Case No.161/2025, and remitted the matter back to the Magistrate for fresh consideration after hearing both parties. The Magistrate was directed to dispose of the interim application within four weeks from the date of receipt of the order.
Law Points
- Natural justice
- Ex-parte order
- Interim maintenance
- Domestic Violence Act
- Section 23(1) PWDVA
- Right to be heard
- Urgency requirement
