Shashwati Chowdhury
Published on: July 19, 2022 at 18:10 IST
On Friday, the Allahabad High Court in Lucknow held that a domestic incident report was not required to decide an application under section 12 of the DV Act.
The Justice Rajeev Singh Bench noted that the controversy in question had already been decided by the Supreme Court by holding that the DIR of the Protection Office was not mandatory in order to proceed with a case under Section 12 of the Act, 2005.
In this case, applicant no.1 was ousted from her matrimonial home when seven months pregnant. In accordance with Section 12 of the 2005 Protection of Women from Domestic Violence Act, the applicant filed an application.
The Domestic Incident Report was called by the presiding officer. Because the Protection Officer’s report wasn’t received, the applicants, moved application to the court below to proceed without calling for the DIR. However, the court dismissed the said application.
According to Shri RishadMurtaza, the applicant’s counsel, the DIR is not mandatory for adjudicating the case under Section 12 of the Act, 2005.
According to Shri Aniruddha Kumar Singh, the respondent’s counsel, the court below would not have a correct picture of the incident without the Protection Officer’s DIR. As a result, there is no illegality in the impugned order the court passed by calling for the DIR.