Section 23 of the Domestic Violence Act: Interim and Ex Parte Orders (Complete Guide)
Quick answer: Section 23 of the Protection of Women from Domestic Violence Act, 2005 lets the Magistrate pass interim orders at any stage and an ex parte order (without hearing the respondent) if the woman's application and affidavit prima facie show that domestic violence has happened or is likely. The order can be a protection, residence, monetary, custody or compensation order under Sections 18 to 22, and it stays until modified, set aside or replaced by the final order.
What Section 23 says
Section 23 is short but powerful. It has two sub-sections.
- Section 23(1) – interim orders. In any proceeding before him under the Act, the Magistrate may pass such interim order as he deems just and proper.
- Section 23(2) – ex parte orders. If the Magistrate is satisfied that the application prima facie discloses that the respondent is committing, has committed, or is likely to commit an act of domestic violence, he may grant an ex parte order on the basis of the aggrieved person's affidavit in the prescribed format, under Section 18 (protection), 19 (residence), 20 (monetary relief), 21 (custody) or 22 (compensation).
Two points follow from the wording. First, the power exists from the first day of the case, so a woman does not have to wait for a final judgment. Second, an ex parte order is limited to the five kinds of relief listed in Sections 18 to 22. The Magistrate cannot use Section 23(2) to grant some other kind of relief.
Why the law gives urgent relief
Domestic violence is rarely a single event. A woman may be locked out, threatened, deprived of money, or separated from her children on the very day she goes to court. If the Magistrate had to wait for notice, reply and evidence, which can take weeks or months, the application would be meaningless. Section 23 balances this by allowing quick protection and then giving the respondent a fair chance to be heard.
The Act itself sets the pace: the first hearing must be fixed within three days of the application (Section 12(4)), notice is to be served through the Protection Officer, and the Magistrate should try to dispose of the application within 60 days of the first hearing (Section 12(5)). In practice, contested cases in Delhi often run longer than 60 days, which makes interim orders the real protection while the case is pending.
When will a Magistrate grant an ex parte order?
There is no fixed checklist in the Act, but Magistrates generally look for four things.
- A domestic relationship. The applicant must be a woman who is or was in a domestic relationship with the respondent (Section 2(f)): marriage, a relationship in the nature of marriage, adoption, or family members living in a joint household.
- A prima facie case of violence. Specific allegations of physical, sexual, verbal, emotional or economic abuse. General statements such as "he harasses me" are weak; dates, places and consequences are strong.
- Urgency. A real risk if the court waits, such as a threat to evict her, to take the children, to sell the house, or to cause physical harm.
- A proper affidavit. The Act requires an affidavit in the prescribed format. A careless or exaggerated affidavit can damage the whole case.
The Magistrate also considers how specific the relief is. An order that the respondent shall not dispossess the applicant from the flat at a given address is far easier to grant, and to enforce, than a broad order to "stop harassing".
Orders that can be passed
| Section | Type of order | Typical interim relief |
|---|---|---|
| 18 | Protection order | Restrain violence, restrain contact by phone or message, restrain entry into her workplace or the children's school |
| 19 | Residence order | No dispossession from the shared household, no sale or alienation, alternate accommodation or rent |
| 20 | Monetary relief | Interim maintenance, medical expenses, loss of earnings, rent |
| 21 | Custody order | Temporary custody of children with visitation for the respondent unless harmful |
| 22 | Compensation | Usually reserved for the final order, after evidence of injury or mental distress |
See our separate pages on Section 18, Section 19 and Section 21. Interim relief can also be used to secure money; the Supreme Court has in other matrimonial cases told courts to require disclosure of income and assets so that interim maintenance is realistic, as in Rajnesh v. Neha (2020). See how Delhi courts calculate maintenance.
A worked example (illustrative)
This example is made up to show how the section works. It is not a real case.
A woman living in a rented flat in West Delhi with her husband and his parents is told on Monday that she must leave by Friday. The husband has also stopped giving household money for a month. She files a Section 12 application with a Section 23 prayer on Tuesday. Her affidavit lists the dates of the threats, attaches WhatsApp messages in which he tells her to leave, and shows bank statements proving the stoppage of money. The Magistrate issues notice for the next date and, on the same day, passes an interim order: the respondent shall not dispossess her from the flat, shall not sell or sublet it, and shall pay an ad hoc sum for household expenses until the next date. The respondent appears a week later, files a reply, and the Magistrate continues the order with some changes.
The order did not decide whether violence took place. It protected her position while the court heard both sides.
What to file: a drafting checklist
- A Section 12 application naming the respondent(s) and describing the domestic relationship and the shared household.
- A separate application under Section 23 asking for specific interim or ex parte reliefs, with reasons for urgency.
- An affidavit in the prescribed format, sworn by the applicant, giving a clear, dated account.
- Annexures: marriage proof or proof of relationship, address proof, medical or police documents, messages, call logs, photographs, bank statements, children's records.
- A list of witnesses, if any.
- The Domestic Incident Report, if the Protection Officer has prepared one. It is helpful but not mandatory, as held in Prabha Tyagi v. Kamlesh Devi (2022).
Keep the story consistent between the application, the affidavit and any police complaint. Courts compare them closely.
If you are the respondent: how to respond
An ex parte order can be a shock, but it is not final. A respondent can:
- Appear on the date given and ask for time to file a reply. Ignoring the notice usually makes things worse.
- File a reply with documents, answering each allegation and showing, for example, that the property belongs to a third party, that he already pays maintenance, or that the allegations are contradicted by records.
- Apply to modify or set aside the interim order, if it is too wide, unworkable or based on incorrect facts. A change of circumstances can be raised under Section 25.
- Appeal to the Court of Session within 30 days under Section 29.
- Comply carefully. A breach of a protection order is an offence under Section 31, punishable with up to one year's imprisonment, a fine up to Rs. 20,000, or both, and it is cognizable and non-bailable under Section 32. See punishment for domestic violence.
Elderly in-laws and relatives named as respondents can ask the court to look at their individual roles. Since Hiral Harsora v. Kusum Narottamdas Harsora (2016), women relatives can be respondents, but courts expect specific allegations against each person. See top 10 domestic violence cases.
How long does an interim order last?
There is no automatic expiry. An order under the Act remains in force until the aggrieved person applies for its discharge (Section 25(1)), or until the Magistrate alters, modifies or revokes it on a change of circumstances (Section 25(2)). In practice, interim orders remain until the final judgment replaces them. Because they can last for months, they should be drafted precisely and reviewed if circumstances change, for example if the respondent loses his job or the child changes schools.
Common mistakes
| Mistake | Why it hurts |
|---|---|
| Vague or exaggerated affidavit | The Magistrate may refuse relief or doubt the whole case |
| Asking for every relief at once | Focus on what is urgent and supported by documents |
| No proof of the shared household | Residence orders depend on showing where she lived and in what capacity |
| Ignoring the hearing | Interim orders can be modified or vacated if you do not follow up |
| Violating an order "in anger" | It converts a civil dispute into a criminal case against you |
| Not keeping copies of everything | Evidence and drafts are needed for later hearings and appeals |
Interaction with other cases
Section 26 allows the same reliefs to be claimed in other proceedings, such as a divorce or a civil suit, and orders under the DV Act do not stop other remedies. Many families therefore run a DV Act case, a maintenance petition, a divorce case and sometimes a criminal complaint together. Our domestic violence lawyers in Delhi plan the order of filing so that statements in one case do not damage another. See the case procedure and our guide to the Domestic Violence Act.
Frequently asked questions
What is an ex parte order under the Domestic Violence Act?
It is an order passed on the woman's application and affidavit alone, before the respondent is heard, when the Magistrate is prima facie satisfied that domestic violence has happened or is likely to happen (Section 23(2)).
Can I get a residence order as interim relief?
Yes. Under Sections 23 and 19 the Magistrate can restrain the respondent from dispossessing you from the shared household, from selling it, and can direct alternate accommodation or rent.
Can the court order interim maintenance under Section 23?
Yes. Monetary relief under Section 20 can be granted as an interim or ex parte order if the facts support it.
How soon after filing is the first hearing?
The Act requires the first hearing to be fixed within three days of the application, though listing practice in busy courts can vary.
How do I challenge an interim order?
Appear and file a reply, apply for modification under Section 25, or appeal to the Sessions Court within 30 days under Section 29.
What if the respondent breaks the order?
Breach of a protection order is punishable with up to one year's imprisonment, a fine up to Rs. 20,000, or both under Section 31, and is cognizable and non-bailable under Section 32.
Do I need a lawyer to get a Section 23 order?
The law allows you to apply through a Protection Officer, but a lawyer helps draft a precise affidavit and argue urgency, which often decides whether relief is granted on the first date.
Sources and further reading
- India Code: Protection of Women from Domestic Violence Act, 2005 (official text)
- Supreme Court of India: judgments (Prabha Tyagi, Satish Chander Ahuja, Hiral Harsora)
- Protection of Women from Domestic Violence Rules, 2006 (forms for the application, Domestic Incident Report and affidavit)
Related guides
- Domestic Violence Act 2005: rights and how to file
- Section 19: residence orders
- Section 18: protection orders
- Time limit for a domestic violence case
Where we can help
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Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.