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10.According to the Learned counsel for the Revision Petitioners/Respondents, Section 23 of the Protection of Women from Domestic Violence Act, 2005 speaks of the power of the Magistrate to grant interim and Exparte orders and on the basis of affidavit in such form as per Section 23(2) of the Act, the Magistrate is entitled to pass an Exparte order and in the instant case on hand, the Learned Judicial Magistrate, Valliyoor has relied upon the sworn statement of the First Respondent/Petitioner/Wife an extraneous material which has resulted in an erroneous order being passed against the Revision Petitioners/Respondents. Continuing further, by passing the impugned order in D.V.O.P.No.29 of 2012 dated 21.09.2012, the Learned Judicial Magistrate has granted 1 to 5 reliefs as stated therein and in fact, has disposed of D.V.O.P.No.29 of 2012 in a complete and comprehensive fashion.

14.The Learned counsel for the Petitioners contends that there is no need for the Petitioners to prefer an Appeal against the order passed by the Learned Judicial Magistrate, Valliyoor in D.V.O.P.No.29 of 2012 dated 21.09.2012 when the said Exparte order so passed is per se illegal and also passed without notice to the First Revision Petitioner/Husband. Moreover, the Learned counsel for the Revision Petitioners submits that the First Revision Petitioner/Husband is ready to pay maintenance to the First Respondent/Wife, but he has only attacking the residence order issued by the trial Court pertaining to the shared household, wherein, the first Respondent/Wife has been given the residence order and thereby the Revision Petitioners/Respondents are not to evict the First Respondent/Wife from the share household viz., the house bearing Door No.36 A Chokkanathan Kovil Street, Valliyoor, Tirunelveli District as referred to supra.

35.Section 23 of the Act (43 of 2005) enables the Learned Judicial Magistrate to grant interim and Exparte orders as it deems just and proper. He may also pass Exparte orders on the basis of affidavits furnished by the affected party. Section 25(1) of the Act says that a Protection Order made under Section 18 shall be in force till the aggrieved person applies for discharge. Further, Section 25 (2) of the Act contemplates that in case, there is a change in the circumstances of a case, the Judicial Magistrate may, on application made by the person or Respondent pass an order altering, modifying or revoking any order passed earlier.

39.Also, the term 'residence' signifies a man's abode or continuance in a place as per decision Steel Authority of India Limited Vs. Kanchanabala Mohanty 1995 ALJ 277 at 280 (Ori).

40.This Court worth recalls the decision of Hon'ble Supreme Court in Chanda Varkar Vs. Asha latha AIR 1987 SC at 117, wherein, it is observed "that the provisions embraced in non obstante clause would not be an impediment for an operation of the Act.

41.It is true that an Appeal is the Statutory right of a party/litigant as per decision reported in AIR 1935 Madras at page 673. Undoubtedly, in the decision Dilip Bhattacharjee alias Raghu Vs. State of Bihar 2010(1) B.L.J. 3 at page 4 (Pat.), it is held that the power to grant interim relief as envisaged under Section 23 of the Protection of women from Domestic Violence Act, 2005 does not contemplate of a maintenance order. However, in the decision Preceline George Vs. State of Kerala 2010 (1) (KHC) 417 at p.423 (Ker.), it is held that the order passed in sub Section (2) of Section 23 of the Act ,is of ad interim in nature. An exparte order passed under Section 23(2) of the Act can be modified, altered or revoked by the same Court based on the application filed by the aggrieved party as per Section 25(2) of the Act. The Learned Judicial Magistrate ought to be careful and circumspect while passing an Exparte order under Section 23 of the Act only to the extent required/necessary after subjectively satisfying himself, as to the materials available on record and as such, it is open to the Learned Judicial Magistrate to pass an Exparte interim order. The need to pass Exparte interim orders with great and caution cannot be over emphasised.