Enquiry is required where case is not ex-parte!

Krishna Murthy Nookula vs Y Savitha

Karnataka HC

09/12/2009

Criminal Revision Petition No. 815/2009 : MANU/KA/1117/2009 : 2011(3)KCCR 222

About/from the judgment:

Enquiry is required where case is not ex-parte!

 

Sec 28(2) Domestic Violence Act!

 

In para 18 it had been precisely held:

 

From this, it is clear that the proceeding under sub-section (1) of Section 23 which permits to pass interim order has to be governed by the provisions of Code of Criminal Procedure by virtue of Section 28(1) of the Act, but all actions in a proceeding for grant of ex-parte order would be by the procedure framed by the Court itself if any or on the basis of the affidavit in such form as may be prescribed. The ultimate conclusion would be for grant of ex parte order, the Magistrate need not necessarily apply provisions of Code or Criminal Procedure, but he could pass such orders on the basis of material in the form of affidavit in such form as may be prescribed or following the procedure it has prescribed (if any). But when the magistrate declines to grant ex parte relief and notifies the respondent (prior notice), he has to be heard and in such cases, Section 28(1) applies and the procedure prescribed by the Code of Criminal Procedure becomes applicable.

Read the Judgment

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