Regarding submitting false Domestic incident report in DV case

[Appla Raju]

Dear sir ,
My spouse had filed a complaint under sec 12 of DV act 2005 to the magistrate court. After that magistrate called a Domestice incident report(DIR). Protection officer filed the DIR report to the concern magistrate court. But he filed the incidence report without verifying the facts and without visiting the shared household which located in other state. Protection officer made false incident report and submitted to court.
sir will you please tell me the authenticity of DIR and how can i deal with the false DIR submitted by the protection officer in the magistrate court.

regards

[Dr. Ashok Dhamija]

The Magistrate hearing a complaint under Protection of Women from Domestic Violence Act is required to give an opportunity of being heard to the respondent. The respondent can file his counter-affidavit and can give his own evidence. Therefore, if you feel that the Domestic Incidence Report (DIR) filed by the Protection is factually incorrect, then you have the right to bring the correct facts to the notice of the Magistrate. Bring all necessary facts and evidence to the knowledge of the Magistrate to counter the false report given in the form of DIR. A false fact can be countered by a correct fact, and that is what you have to do. If you give good evidence of the correct facts, the Magistrate would consider that. DIR is not the gospel truth. It can be denied by brining on record the true facts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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