DOMESTIC VIOLENCE ACT — FILING WITHOUT DOMESTIC INCIDENT REPORT Protection of Women from Domestic Violence Act, 2005 — S. 12 proviso — Domestic Incident Report (DIR) — Whether filing/consideration mandatory before issuing notice or granting relief — Held: No. An aggrieved woman may file an application directly under Section 12 DV Act through her counsel. Filing through a Protection Officer is only one permissible mode; DIR is not a condition precedent to maintainability or adjudication of Section 12 proceedings. The proviso to Section 12 only requires the Magistrate to consider DIR if it is available, but absence of DIR does not bar issuance of notice or passing of interim/final orders.

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DOMESTIC VIOLENCE ACT — FILING WITHOUT DOMESTIC INCIDENT REPORT

Protection of Women from Domestic Violence Act, 2005 — S. 12 proviso — Domestic Incident Report (DIR) — Whether filing/consideration mandatory before issuing notice or granting relief — Held: No.

An aggrieved woman may file an application directly under Section 12 DV Act through her counsel. Filing through a Protection Officer is only one permissible mode; DIR is not a condition precedent to maintainability or adjudication of Section 12 proceedings.
The proviso to Section 12 only requires the Magistrate to consider DIR if it is available, but absence of DIR does not bar issuance of notice or passing of interim/final orders.

Prabha Tyagi v. Kamlesh Devi, 2022 AIR SC 2331, relied on.
Hardeep Khan v. Rano, 2022 (P&H HC), applied.

Criminal Procedure — Domestic Violence Act procedure — Issuance of notice without DIR — Held, valid.

Magistrate is empowered to proceed on the basis of the complaint alone and need not await submission of DIR where the application is filed directly by the aggrieved woman. Ex parte or interim orders can be passed even without DIR.

Remedy — DV Act — Right of wife to file petition — Held: Wife can file DV Act petition independently without Domestic Incident Report.