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6. Learned counsel for the petitioner, Sri.Pratheep, has strenuously argued only one point that the order of the trial court suffers from illegality on the ground that once the Magistrate issued notice to respondent cannot grant exparte interim maintenance as per 23 (2) of D.V.Act and the Magistrate is precluded from passing any interim maintenance once respondent appeared and filed objections. The Magistrate shall not pass any interim maintenance without hearing the matter as prescribed under Section 28 of the D.V.Act and in support of the arguments, learned counsel for the petitioner has relied upon the judgment of Co-ordinate Bench of this Court reported in 2011 (3) KCCR 2221 in the case of KRISHNA MURTHY NOOKULA VS. Y. SAVITHA.

9. On bare reading of the provision (1) of Section 23 of D.V.Act clearly shows that in any proceedings before the Magistrate under D.V.Act, the Magistrate may pass such interim order as he deems just and proper. Sub- section 2 empowers the Magistrate to grant exparte interim maintenance on the application and affidavit filed by the aggrieved person under Sections 18, 19, 20, 21 as the case may be and under Section 22 against the respondent.

10. Learned counsel for the petitioner contends that once the learned Magistrate reluctant to pass exparte interim maintenance in favour of the petitioner-wife, question of granting any interim maintenance to the wife does not arise after the appearance of the respondent and filing of objection. He relied upon the judgment of this Court in Krishna Murthy's case supra, wherein at Paras 17, 18 and 19 reads as follows:

section (1) of Section 28 applies and necessarily procedure prescribed by CrPC is to be followed. The legal consequences are that the procedure prescribed by the Code of Criminal procedure for trial of cases depending upon the nature of offence and punishment prescribed becomes applicable and that procedure has to be followed."

11. On reading of the judgment of this Court, it shows that once the Magistrate declined to grant interim relief of exparte maintenance and thereafter the Magistrate is required to follow the procedure contemplated under Section 28 (1) of the D.V.Act.