What is the procedure to be adopted by a Magistrate while dealing with an application filed under section 12 of the Protection of Women from Domestic Violence Act,2005? Can an ex parte interim order without notice could be passed under section 23(2) without notice in favour of the aggrieved person? Whether along with a notice issued in an application filed under section 12 or 23(2), copy of the application is to be sent for service on the respondent? These are the questions to be decided in the petition.

2. Petitioner is the first respondent and second respondent the applicant in M.C.62/2009 on the file of Judicial First Class Magistrate Court-I, Ernakulam. Ext.P2 ex parte order was passed under section 23(2) of the Protection of Women From Domestic Violence Act (hereinafter referred to as the Act)without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay Rs.2500/-per month as an interim maintenance to the second respondent until further orders. Notice was issued to the respondent by Ext.P1 order dated 21.10.2009 in Form No.32 of Code of Criminal Procedure, the Form