'Domestic Incident Report' (DIR) Not Mandatory For Adjudicating Matters U/S 12 Of Domestic Violence Act 2005: Allahabad HC
2 years, 5 months ago

'Domestic Incident Report' (DIR) Not Mandatory For Adjudicating Matters U/S 12 Of Domestic Violence Act 2005: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that a Magistrate can take cognizance of the complaint or application filed by the aggrieved person and issue notice to the respondent under Section 12 of the D.V. The bench of Justice Rajeev Singh referred to the recent ruling of the Supreme Court in the case of Prabha Tyagi vs Kamlesh Devi 2022 LiveLaw 474, wherein it was held that Section 12 of the DV Act does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V. Further, the proviso to Sub-Section of Section 12 states that before passing any order on such an application, the Magistrate shall take into consideration any Domestic Incident Report received by him from the Protection Officer or the service provider Now, it must be understood that such a report comes into the picture only when a Protection Officer or any other person on behalf of the aggrieved person including the service provider presents an application to the Magistrate. The Apex Court in the case of Prabha Tyagi vs Kamlesh Devi 2022 LiveLaw 474 observed that although, the expression 'shall' is used in the proviso to Section 12 of DV Act, it is restricted to only those cases where a Protection Officer files any Domestic Incident Report or, as the case may be, the service provider files such a report. "When a Domestic Incident Report is filed by a Protection Officer or a service provider, in such a case the Magistrate has to take into consideration the said report received by him.

Protection Court Domestic Violence Incident Domestic Case Report Person Magistrate Livelaw Section 12 Aggrieved Dv Act Dir Prabha Tyagi Domestic Incident Report Prabha Tyagi Vs Such A Report  aggrieved  adjudicating  domestic  mandatory  incident  magistrate  allahabad  court  matters  dv  protection  case  report  person  dir  hc  violence

History of this topic

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
7 months, 1 week ago

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court

Live Law  

The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made. The Court relied on the decision of the Supreme Court in Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari …

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court
1 year, 10 months ago

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness. “In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions …

SC to the rescue of women victims of domestic violence
2 years, 7 months ago

SC to the rescue of women victims of domestic violence

The Hindu  

In an important verdict safeguarding the interest of women victims of domestic violence, the Supreme Court on Thursday gave a wide interpretation to the term ‘right to reside in a shared household’ under the law, holding it cannot be restricted to only actual matrimonial residence, but can be extended to other homes irrespective of right over the property. ‘Report not …

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court
2 years, 8 months ago

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court

Live Law  

Gauhati High Court has recently observed that Domestic Inquiry Report is not compulsory for initiating proceeding under Section 12 of Protection of Women from Domestic Violence Act 2005. Justice Rumi Kumari Phukan observed that whether such domestic violence was inflicted upon the respondent no.2/wife, is not a subject matter of trial and such matter cannot be decided in such petition: …

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court
3 years, 1 month ago

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court

Live Law  

A domestic violence complaint cannot be filed at a place a woman is only casually visiting and proceedings must be instituted at her temporary or permanent residence under section 27 of the Domestic Violence Act, the Bombay High Court said. Justice SK Shinde thus upheld a magistrate's order declining to entertain a woman's application under section 12 of the Domestic …

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?
4 years, 2 months ago

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?

Live Law  

The Supreme Court in a recent judgment held that a woman can claim right to residence in the houses owned by relatives as well. Examining the provisions of the Act, the court held that an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny …

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]
4 years, 11 months ago

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, before issuing notice in a complaint alleging Domestic Violence, the court has to be prima facie satisfied that there have been instances of domestic violence.In this case, a wife had made allegations of domestic violence against fourteen persons, including her husband and his parents. The Supreme Court has observed that, before issuing notice in …

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]
5 years, 11 months ago

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]

Live Law  

The Supreme Court upheld a Calcutta High Court judgment which held that entitlement of a wife to claim residence in the shared household is only when she could establish domestic violence. The High Court held that the wife was entitled to claim residence in the shared household only in case she established domestic violence, which she did not. While, setting …

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