Most of the relief that matters in a domestic violence case is decided long before the final order. Section 23 of the Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to grant interim orders at any stage of the proceedings — and, where the application discloses an urgent case, to grant them ex parte, on the aggrieved person's affidavit alone, before the respondent has even been heard. This explainer sets out what Section 23 covers, how it is invoked in Delhi's Mahila Courts, and how such orders are enforced and challenged.
Where Section 23 sits in the scheme
An application under Section 12 of the DV Act sets the machinery in motion: notice to the respondent, a Domestic Incident Report from the Protection Officer where one is called for, and eventually a final adjudication on the reliefs claimed. Section 23 is the bridge across the time that process takes. Sub-section (1) authorises the Magistrate to grant "such interim order as he deems just and proper" at any stage; sub-section (2) adds the ex parte power for urgent cases, exercisable on an affidavit in the prescribed form.
The full menu of reliefs, in interim form
The interim power is co-extensive with the final one. In practice, the orders most commonly sought at the first hearing in Delhi are these:
| Relief | Provision | Typical interim form |
|---|---|---|
| Protection order | Section 18 | Restraint from acts of violence, from contacting the aggrieved person, from alienating assets or operating joint accounts |
| Residence order | Section 19 | Restraint from dispossessing the aggrieved person from the shared household; restoration of entry where she has been locked out |
| Monetary relief | Section 20 | Interim maintenance for the aggrieved person and children, medical expenses, rent where alternate accommodation is directed |
| Custody | Section 21 | Temporary custody of children with visitation arrangements |
Interim maintenance under Section 20 is assessed on the same principles that govern maintenance proceedings generally — the affidavit of assets and liabilities of both parties, filed in the format Delhi courts require, is the working document on which the figure is fixed.
The ex parte route
Section 23(2) is deliberately front-loaded. The Magistrate need only be satisfied that the application "prima facie discloses" domestic violence or its likelihood. The safeguards lie downstream: the respondent is served, appears, and may seek variation or vacation of the order; the order merges into the final adjudication; and an appeal lies under Section 29. The provision reflects the statute's central judgment — that in genuine cases the cost of a few weeks' delay falls on the person least able to bear it.
What an application seeking ex parte relief should carry: the affidavit in the prescribed form; specific, dated instances of violence rather than general adjectives; documents showing the shared household and the parties' means; and a precise prayer — the order sought, against whom, in respect of which premises or amounts.
Enforcement and consequences of breach
A protection order — interim or final — has criminal teeth. Breach of a protection order is itself a cognizable and non-bailable offence under Section 31 of the Act, punishable with imprisonment up to one year. Monetary orders are enforceable under Section 20(6), including by directing an employer or a debtor of the respondent to pay the aggrieved person directly, and through the mechanisms available for enforcing maintenance orders.
Points frequently contested
Three battlegrounds recur in Delhi practice. First, the existence of a "domestic relationship" and a "shared household" — questions on which interim residence orders often turn. Second, the adequacy of the affidavit of assets: suppression or vagueness invites adverse inference at the interim stage itself. Third, overlap with parallel proceedings — maintenance under Section 144 BNSS or Section 24 of the Hindu Marriage Act — where courts adjust amounts to prevent duplication while ensuring the aggrieved person is not left without support. An interim order under Section 23 is provisional by design, but for the months or years a DV case runs, it is the order that governs daily life — which is why it deserves the same preparation as a final hearing.
Frequently Asked Questions
Can the Magistrate pass orders without hearing the husband or in-laws?
Yes. Section 23(2) permits ex parte orders where the application prima facie discloses that the respondent is committing, has committed, or is likely to commit an act of domestic violence. The order is passed on the aggrieved person's affidavit and operates until varied or vacated after the respondent is heard.
What kinds of interim relief can be granted?
Any relief available at the final stage can be granted in interim form — protection orders under Section 18, residence orders under Section 19, monetary relief including interim maintenance under Section 20, temporary custody under Section 21 and compensation under Section 22, as the circumstances require.
How long does an interim order last?
Until the Magistrate varies or vacates it, or until the main application under Section 12 is finally decided. An interim order is not automatically time-bound, but the respondent may apply for modification, and Section 25 permits alteration or revocation of orders on a change in circumstances.
How is an interim order challenged?
By an appeal to the Court of Session under Section 29 within thirty days of service of the order. Delhi practice treats appealability broadly where the order affects substantive rights — interim maintenance and residence directions are routinely tested under Section 29 rather than in piecemeal proceedings elsewhere.