Whether an Order Passed Under Section 23 of the Protection of Women From Domestic Violence Act, 2005 Is an ‘Interlocutory Order’ or ‘Final Order’?

Abstract

Section 23 of the DVA, like Section 24 of the HMA is not an interlocutory order and is in fact in the nature of a ‘final order’, thus, as an appeal to the High Court under Section 19 (1) of the Family Courts Act, 1984 is maintainable against an order passed under Section 24 of the HMA, similarly, a revision petition to the Court of Session or the High Court under Section 397 read with Section 399/ Section 401 of the Criminal Procedure Code, 1973 is maintainable against an order passed under Section 23 of the DVA by the Magistrate.