Protection officer report not Available in DV case

kavkaz (Querist) 05 June 2018 This query is : Resolved
Hello All,

IS IT TRUE that before passing any order on a DV (Domestic Violence) application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

BECAUSE in my ongoing suite in Mumbai, the Protection Officer has NOT submitted any such report to the Magistrate.

SO in my next hearing date, can I take an objection regarding non-availability of any such report??

Please let me know your inputs.

Thank you so much.

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Vijay Raj Mahajan (Expert) 05 June 2018
Yes the Incidence Report of the Protection officer is very important piece of document in the file of the court while the judge/magistrate decide the issue of domestic violence . If the same was not brought on the record, you should raise objection only at the time of final hearing of arguments by the court and let the court dismiss the DV complaint keeping in view your objection as well on merits of the complaint case of your wife. If your raise this issue now while your DV complaint case continues, the judge/magistrate will make summon the protection officer and seek the incidence report that will be brought on the case file and your objection will not work for the dismissing the DV complaint at the end.

Kumar Doab (Expert) 05 June 2018
You can benefit fro the above advise..

kavkaz (Querist) 06 June 2018
Thank you so much Mr. Vijay and Mr. Kumar Doab for your quick help.

kavkaz (Querist) 07 June 2018
Hello All,

Please check the below link where the answers are a bit different and let me know your thoughts.

http://www.lawyersclubindia.com/mobile/experts/details.asp?mod_id=264926

kavkaz (Querist) 07 June 2018
Request you to check the above link.

Vijay Raj Mahajan (Expert) 07 June 2018
The Domestic Incidence Report of the Protection Officer has to be sent to the Magistrate even if there is direct domestic violence complaint made to the Magistrate. These advocates advising may not have attended the DV cases are just missing the actual details of procedure being followed in the DV complaint cases. The summon is issued to the respondent as well the Protection Officer by the Magistrate at the same time the DV complaint is made to it. The PO is supposed to meet both parties and prepare the Domestic Incidence Report that is sent to the Magistrate to complete the procedure under section 9 (1)(b) of the Protection of women from the Domestic Violence Act,2005.

Guest (Expert) 07 June 2018
I endorse the views of Shri Vijay raj Mahajan.

Ms.Usha Kapoor (Expert) 11 July 2018
I agree with Vijay Raj Mahajan

Protection officer report not Available in DV case

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