Legal Question in Family Law in India

it means that your application for protection and other remedies would be decided in the absence of husband or his representative. in simple words, getting the relief without opposition.

order in your favour due to default of appearance of opposite party is ex parte order.

The court passes an order in the absence of the opposite side is called an exparte order .

agree with sanjay

Section 23 of the DV act is aimed at providing immediate reliefs for the Applicant. Under Section 23 if an affidavit under section 23(2) or FORM III as provided in the DV act is filed, the court relies on this affidavit to grant urgent reliefs to the Applicant. Generally if the Applicant fears further violence after filing her DV cases, on the date of filing of the case itself exparte ad-interim protection, residence or custody orders are given depending on the facts of the case.

Under section 23(2) when an affidavit is filed for urgent orders, the court may not wait for the notice to be issued to the other side to pass orders. After the order/ relief is granted the notice to the other side may be issued by which they are called to appear.