DV Act - DIR and Appointment of PO

The apponitment of Protection Officer or Service Provider is not a sine qua non for the further proceeding of the case. To remove further doubt it may be stated that the Act itself gives ample power to the Magistrate to adopt any procedure it pleases. If the petition conforms with the Rules(Form) set by the Act then drafting by the petitioner herself is not irregular.

Sir, T

Sorry about previous incomplete msg.

Sir,
Thank you for your kind advise.
1. Here we are talking about DVA and not Dream Elastic Violance Act that unlike Family Court each and every Sections / Procedures of The Act could be covered under vide elastic judicial powers of Mahila Court / MM Court !

Here is additional question Sir to your kindself
2. Say I have a "scan copy of FIR" of one of my friend. Now I donot approach a Police Station to lodge an FIR. But I format that FIR Form in my home PC and fill it  myself and submitt it into Criminal Court following Criminal Procedure Law / IPC.

Will you as MM of that Court accept my "self drafted FIR" and take cognizance (prime facie) of attributed offences therein and implicate accused under various sections of CrPC / IPC?

The above 'crude' illustration / comparision is very valid and not  made up so kindly advise will you accept my self drafted FIR in a proper FIR Form as MM of that Court?

Second related question is why NCW and all State Govts. spending carors of public money to appoint PO / Service Provider / NGO for protection of same very women who is allowed as you say so to self draft an Domestic Incidence Report based on which cogniance is drawn prime facie by a MM to pass intereim relief as prayed by the lady and it is said to be not a irregular proceedings.

Hon'ble Sir, we are not still recognised as living in a Banan Republic that such vexatious procedures will not be objected by innocent husbands.
Rgds.

(a) (b) Yes court may proceed adopting it's own procedure, though it the duty of stste govt to appoint protection officer, service provider etc.

(c) But she can not prepare the domestic incident report, in both case protection officer is appointed or not appointed. it is malpractice.

Please see proviso to S.12 of DV act any final relief can be granted only on a domestic incident report submitted by PO or service provider.  In other words the same is a pre condition for grant of final relief.  However none of the Magistrates is taking note of the said proviso.  Secondly DV act does not empower the magistrate to follow any procedure at his whims and fancy.  However magistrates are doing the same.  DV act empowers the magistrate to lay down his own procedure.  But practically without laying down any procedure magistrate follows the procedure what he wants which is unfair to the party against whom the order is passed.