ORDER :

1. The present petition is filed by the petitioner husband being aggrieved by the judgment of the V Additional District and Sessions Judge, Tiptur in Criminal Appeal No.10005/2016, dated 11.11.2016 whereunder the order on Interlocutory Application No.1 filed under Section 23(2) of Protection of Women from Domestic Violence Act, 2005 (‘Act’ for short) passed by the Civil Judge and JMFC., Turuvekere, dated 2.12.2015 was modified and the wife and son, i.e.,, respondent Nos.1 and 2 herein have been granted monthly interim maintenance of Rs.5,000/and 3,000/respectively.

2. It is the contention of the learned counsel for the petitioner-husband that the petition filed under Section 12 of the Act is not maintainable. It is his further contention that the trial Court without holding any enquiry, only on the basis of the affidavit filed by respondent No.1wife has passed the impugned order. It is his further contention that this Court in the case of Krishna Murthy Nookula Vs. Y.Savitha, W/o.Krishna Murthy Nookula, in Criminal Revision Petition No.815/2009, disposed of on 9.12.2009 has interpreted Section 23 of the Act and has come to the conclusion that before passing an exparteorder, a