Hello
In DV act, the landamark SC judgement Prabha Tyagi v. Kamlesh Devi, (2022) 8 SCC 90– The Supreme Court held that “the Act does not make it mandatory for aggrieved to make an application before Magistrate only through the Protection Officer or Service Provider. When an aggrieved person files an application by herself or with an advocate’s assistance and not the Protection Officer or Service Provider, there would be no Domestic Incident Report received by the Magistrate for consideration.”...
https://www.scconline.com/blog/post/2023/01/28/dometic-violence-act-2005-domestic-incident-report-explainer-law-dir-legal-research-knowledge/
This concludes that DIR is not mandatory if complaint not made to protection officer. So once a complaint is made by wife under DV act (be it anywhere),
1: Is there any enquiry or investigation, taking statements of witnessess (negihbours, family members etc.) done by any appropirate authority at all before the trial?
2: If yes, when does this enquiry or investigation happen and who does it?
3: Can a husband obtain the details of such an investigation by RTI and how to do it and who to address such RTI application?
Thanks
