WHETHER A DOMESTIC INCIDENT REPORT (DIR) IS MANDATORY IN D.V CASE?

Whether a domestic incident report (DIR) is mandatory to file in the domestic violence (D.V) case before passing any order against the respondent, is the important question, which is to be answered in this article. 

In the case of Prabha Tyagi Vs. Kamlesh Devi (Criminal Appeal No. 511/2022), the Hon’ble Supreme Court has formulated three questions and answered them as under:

Whether the consideration of Domestic Incidence Report is mandatory before initiating the proceedings under Domestic Violence Act in order to invoke substantive provisions of Section 18 to 20 and 22 of the said Act?It is held that Section 12 does not make it mandatory for a Magistrate to consider a Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the D.V Act. It is clarified that even in the absence of a Domestic Incident Report; a Magistrate is empowered to pass both ex-parte or interim as well as a final order under the provisions of the D.V Act. 

1. Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levied at the point of commission of violence?”

It is held that it is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have been levelled at the time of commission of domestic violence. If a woman has the right to reside in the shared household under Section 17 of the D.V. Act and such a woman becomes an aggrieved person or victim of domestic violence, she can seek reliefs under the provisions of D.V Act including enforcement of her right to live in a shared household.

1. Whether there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed?”

 It is held that there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed vis-à-vis allegation of domestic violence. However, it is not necessary that at the time of filing of an application by an aggrieved person, the domestic relationship should be subsisting. In other words, even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an application under Section 12 of the D.V. Act but has at any point of time lived so or had the right to live and has been subjected to domestic violence or is later subjected to domestic violence on account of the domestic relationship, is entitled to file an application under Section 12 of the D.V. Act.

Therefore by virtue of the above mentioned judgment, it is clear that even in the absence of a Domestic Incident Report; a Magistrate is empowered to pass both ex-parte or interim as well as a final order under the provisions of the D.V Act as such the domestic incident report (DIR) is not mandatory to file prior to passing any order.