Wednesday 3 July 2019

When it is not necessary to call domestic incident Report in domestic violence case?

 It is contended on behalf of the Respondent-husband that the domestic incident report of a Protection Officer or a service provider under Section 12 of the D.V. Act has not been obtained and hence no case of domestic violence is made out. On this ground, it is argued on his behalf that no injunction
restraining him from entering upon the matrimonial home is made out and hence the impugned order of the Family Court not granting any relief in that behalf and allowing the wife as well as the husband to continue to reside in the matrimonial home does not require any interference.
8. A domestic incident report is required to be prepared by a Protection Officer under Section 9(1) (b) of the D.V. Act. This is contemplated in case of physical violence when complaint in that behalf is made or filed. The Protection Officer, in such a case, functions under Section 9(1)(a) of the D.V. Act. The injuries caused to the aggrieved person are required to be documented. Consequently, a report in that behalf would be required to be seen by the Magistrate who may be called upon to ultimately determine and consider the application after some time when it reaches hearing. At such time, no evidence of any injuries etc. may be shown to the Magistrate except under the report of the Protection Officer. Consequently, the said provision is an enabling provision. Such a report cannot be made in case of any application alleging Domestic Violence which may be other than physical violence e.g. Verbal or emotional abuse. An application made under Sections 18 and 19 of the D.V. Act may have to 
be considered based upon the facts of each case and not necessarily with the aid and assistance of any Protection Officer or Service Provider. It may be required to be considered only upon the application made to the Court by the aggrieved person herself. In such a case no domestic incident report may be filed or may be necessitated. This is one such case.

Bombay High Court
Mrs.Sabah Sami Khan vs Adnan Sami Khan on 21 October, 2010
Bench: R. S. Dalvi.
Citation: (2011) 1 Mah LJ 427 (Bom).
Read full judgment here: Click here
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