pass
such interim order as he deems just and proper. Sub-
section 2 empowers the Magistrate to grant exparte
interim maintenance on the application ... 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
seeking interim
maintenance from the hands of the husband. The
concerned Court in terms of its order dated 31.12.2022
grants an interim maintenance ... petitioner is entitled
for exparte interim maintenance as of now.
Therefore, it is necessary to grant interim
maintenance. Accordingly considering the prayer of
the petitioner
said petition,
the respondents filed interim application seeking order of
interim maintenance and also sought for an exparte order
for interim maintenance. The learned Magistrate ... power or jurisdiction to
pass an exparte interim maintenance and order of interim
maintenance can be passed only after giving opportunity
to the opposite party
grant of ad-interim maintenance. The Court below has passed an order granting ad-interim maintenance of Rs. 150/- per month to the respondent until ... circumstances so warrant, the Court will be justified even granting ad-interim maintenance exparte. In this case, the petition filed by the respondent under Section
interim maintenance of Rs.6,000/- per month from the
date of the order. Simultaneously, issued notice to the
respondent along with the interim maintenance ... also question involved is
as to:
3
"Whether the ex-parte interim
maintenance order passed by the learned
Magistrate can be challenged before
that manner, if the
provisions are understood, the exparte interim
maintenance order passed u/s 23 , comes
definitely within the ambit of section ... ground that the petitioner had failed to pay the
amount of interim maintenance so granted by
the learned Trial and Sessions Court
under PWDV
JMFC, Hospet in Criminal
Miscellaneous No.157/2023, wherein interim exparte
monthly maintenance of Rs.2,000/- to respondent ... Criminal Miscellaneous No.156/2023 and
in the said proceedings, exparte interim maintenance of
Rs.5,500/- has been awarded to the respondents herein
EXPARTE ORDER ON IA.NO.1
The petitioner has filed this application
under Sec.23(2) of DV Act., seeking interim
maintenance ... opinion that it is just and necessary to grant
an exparte interim maintenance of Rs.6,000/- to
the petitioner per month until this order
relief apart from interim maintenance while filing
interim application on 03.03.2021. The trial court, without
passing any interim order granting maintenance, went on
postponing ... Protection of women from Domestic Violence Act for
granting an exparte interim maintenance, based upon the
affidavit, but the learned Magistrate has not passed
Articles 226
and 227 of the Constitution of India challenging the
exparte interim order passed on I.A.No.I dated ... issuance of notice and the
Family Court could not have granted exparte interim
maintenance, without hearing the petitioner.
4. Admittedly, the Family Court passed
