Protection of Women From Domestic Violence Act, 2005–Secs. 23(2)–Protection of Woman from Domestic Violence Rules, 2006–Rules 5 & 6–Scope–In case, an ex-parte order is to be passed, then the affidavit in the prescribed form III is to be filed–Present case is not a case of passing any ex-parte order and it was essentially bi-party proceedings–Plea of the petitioner that the respondent has not filed an affidavit in Form III as provided u/s. 23 of the Act and Rules 6 & 7 of Rules of 2006 is fallacious and not applicable in the instant case–Further, the application with regard to deleting as a respondent can be decided at a subsequent stage–Impugned order deserves to be upheld, however, the Court below is directed to decide the second prayer made in the application filed by the petitioner.
