The main legal point established in the judgment is the plenary scope and amplitude of the jurisdiction vested in the Magistrate to render interim reliefs under Section 23 of the Domestic Violence Act.

Sureshwar Thakur, J.

Both the aforementioned petitions are being disposed of by an common order, given, common question of fact and law being involved in both petitions.

2. Both Criminal Revision Petition No. 145 of 2016 and Criminal Revision Petition No. 398 of 2016, stand respectively directed by Amit Thrani and others and by Shobhana Mithrani, against the common verdict recorded by the learned Additional Sessions Judge (2), Shimla in Cr. Appeal No. 55-S/10 of 2015 and Cr. Appeal No. 57-S/10 of 2015, whereby, he modified the quantification, of, interim per mensem maintenance amount adjudicated, by the learned trial Court, from, Rs. 16,000/- per mensem to Rs. 15,000/- per mensem. The aforesaid quantum of ad interim per mensem maintenance, was, respectively apportioned in a sum of Rs. 9,000/- per mensem vis-a-vis the wife, of, one Amit Mithrani and in a sum of Rs. 6000/- per mensem vis-a-vis the child, of, one Amit Mithrani. The visitorial rights of one Amit Mitharni vis-a-vis his child, born out of his wedlock with one Shobhna Mithrani were, however, preserved.

3. Apparently, the aforesaid apposite order was pronounced by both the learned Courts below, upon, theirs exercising jurisdiction vested in them under Section 23, of, the of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act), provisions whereof stand extracted hereinafter:

"23. Power to grant interim and ex parte orders.-

(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent."

Apparently also the orders recorded by both the learned Courts below, adjudging ad interim per mensem maintenance vis the aggrieved, were pronounced, during the pendency of a complaint, before the learned trial Magistrate, complaint whereof is constituted under Section 12 of the Act. A perusal of the relevant records, indicates that the afore referred complaint, is, awaiting adduction of evidence, upon, the apposite issues, by the litigants concerned. Reiteratedly, the order assailed before this Court, is, an ad interim order, whereby, per mensem interim maintenance, in the sums aforesaid, was, assessed by the learned Appellate Court vis-a-vis the aggrieved.

4. The learned counsel appearing for the petitioner Amit Mithani, contends, (i) that the anvil of the learned trial Court, making, orders qua ad interim per mensem maintenance allowance vis-a-vis the aggrieved, being rested, upon, statutory powers conferred, upon him, under Section 23 of the Act, provisions whereof stand extracted here-in-above. She further contends (ii) that a reading of the aforesaid provisions borne in Section 23 of the Act, make, a visible display, of, the Magistrate concerned, holding statutory jurisdiction, to, make an ex-parte interim order in respect, of, statutorily contemplated reliefs borne in Sections 18, 19, 20, 21 and 22 of the Act. She contends, (iii) of, the scope and the amplitude, of, the jurisdiction vested in the trial Magistrate, under, Section 23 of the Act being plenary, imperatively given it fastening, jurisdiction in him, to, without awaiting for service being effected upon the apposite party or even without his awaiting for any response, thereto, (iv) his being foisted with leverage, to, on the basis of affidavits tendered by the aggrieved, hence draw, satisfaction qua the necessity, of, his making an ex-parte order, (i) even with respect to the assessment of ad interim per mensem maintenance vis-a-vis the aggrieved or with