Dir form 1 submitted by po in dv

let protection officer submithis report all thngs will be clear and truth will emerge out . If there is nothing in report by default you have nothing to worry.

Adv. NIKHIL SETH

thanks Nikhil.

Pls read my message again..The report is already submitted and case is proceeding since last 10 months...this week only i got the certified copy of the DIR. now I want to know if the report is blank and on based of allegations which were given by applicant initially to PO, the PO has submiitted the report with praying that the applicant has given these xyz allegations. now does it makes the base that the case is running with out any actual allegation because there is nothing in DIR and i can file a case for registering false case against me...because third party (PO) has confirmed that applicant is not staying at the given address.

1. Before passing Order DIR needs to be referred.
2. If DIR contains no allegations (as in check box tick) then it is a false case.
3. No interim protection Order she can convince ld. Court to pass and that is where your side has to show aggressiveness.
4. Her address can also be challenged if it is not the same as in the annexed Memo of Parties. Your advocate would know what to do!
4. Once case gets dismissed then proceed on malicious prosecution grounds based compensation claims.  

thanks tajobsindia.

Yes, accroding to sec. 12(1) of DV act

"Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider."

but in the same act according to sec. 28(2)

"Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23."

because in my case the same happened..court passed the exparte order much time before the DIR submission..when i asked my lawyer about section 12(1) he gave me the ref of section 28(2).

He he,  I am fully aware husbands are sitting ducks in case of DV Complaint cases but I never believed husband can be such a lame duck to sit ideating on some lawyers shown Section of The Act, 2005 ? I mean this section is for something else as general Power of the Court and not that if the 20 pages are blank in a DV Complaint the Court is still bound to pass protection Order hiding behind ref. Section. Sometimes use your brains instead of solely dependent upon Lawyer and now go and ask your lawyer to show one Trail or Sessions court Judgment on interim Order similar to your fact swhere concerned Court gave protection order when the entire Complaint with statutory Form as per The Act is blank of any alleged acts of "domestic allegations".

If he could then share the same here so that atleast I remain quite and take back above large piece of Igyan shared with aam aadami here.

Originally posted by : Tajobsindia
	4. Her address can also be challenged if it is not the same as in the annexed Memo of Parties. Your advocate would know what to do!

Could you please elaborate as in my case when Dv filed address is correct after 4 months wife shifted to her moms place so now address is not the same . but in court applicant has agreed verbally she has shifted 

very true..but as i said the order was passed before the submission of DIR and that time Judge used his discretionary powers to pass the order....and possibly even till now the judge has not gone through the DIR..

pls suggest all possible option which can work in my favor and wht are the possible actions i can initiate from my side.

@tajobsindia

if the section 28(2) is for something else as general power of the court than shall i file the purshis mentioning that 

accroding to sec. 12(1) of DV act

"Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider."

and this court has passed the ex parte order against without considering any DIR.

OR ...dear member pls suggest any other suitable option can be used in my case....

dear there are two judgements on dv of HC that magistrarte can use any methode to proceed in dv cases. even if the particular forms to be submitted to court are not there he can take cognizance and evev pass the required orders in your absance on the affidevite of the applicant.

so forget the initial procedure of dv act and prepare to challange the impungned orders pased by him or comply these orders.

fact is that till today you will not find many leading judgements on dv cases. there are handfull and that too of gujrat HC, keral HC.

for the facts of your case courts say no problem to start dv case in the absence of dir or proper filing or even there is no need of protection officer to forward the dv application.

@tabjosindia...sir do you agree?

For passing IOs, submission of DIR is not necessary.

DIR should be on record & shud be referred to by the court b4 pronouncing FINAL ORDERS