Answer By law4u team
Interim orders are often urgent in nature and courts may need to act swiftly to protect the interests of vulnerable parties. When the opposite party fails to appear or respond, courts may pass interim orders ex-parte to provide immediate relief, subject to legal safeguards to protect the rights of all parties.
Passing of Ex-Parte Interim Orders
1. Legal Basis for Ex-Parte Interim Orders
Courts have inherent power under procedural laws (e.g., Section 125 CrPC, DV Act) to pass interim orders ex-parte if the respondent does not appear or participate.
Such orders ensure that delay or non-cooperation by the respondent does not defeat the purpose of temporary relief.
2. Circumstances Justifying Ex-Parte Orders
Non-appearance of the respondent despite proper service of notice.
Urgent need to provide financial or protective relief to the aggrieved party.
Risk of irreparable harm or hardship if relief is delayed.
3. Safeguards and Limitations
Notice must be given to the respondent unless the situation is emergent.
Ex-parte orders are temporary and subject to recall or modification once the respondent appears.
Courts must ensure that the ex-parte order does not permanently prejudice the respondent’s rights.
The respondent has the right to challenge or set aside the ex-parte order through appropriate legal remedies.
4. Procedure After Passing Ex-Parte Order
Courts generally fix a subsequent hearing date for the respondent to appear and contest.
The aggrieved party must present prima facie evidence to justify interim relief.
The respondent can apply for recall or modification upon appearance.
5. Importance in Family and Domestic Violence Cases
Ex-parte interim orders help protect victims who may face delay if the respondent stalls proceedings.
It empowers courts to act swiftly in cases of abuse or financial deprivation.
Example
Scenario:
A woman files for interim maintenance under Section 125 CrPC. The husband is served notice but fails to appear for the hearing.
Steps Taken:
The court, after verifying proper service, passes an ex-parte interim maintenance order directing monthly payment.
The court schedules a date for the husband to appear and contest.
Upon appearing later, the husband files an application to set aside the ex-parte order.
The court hears both parties and decides whether to confirm, modify, or cancel the interim order based on evidence.
