Legality of DIR(Domestic incident report) In DV Act 2005

[Appla Raju]

Dear sir,
My spouse filed a DV case on me and my family members. Magistrate called for DIR report. Concern officer didn’t call any accused before DIR report preparation. Without verifying the share household and other facts he simply filled up the DIR report as per instructed from the opposite party and filed the DIR report in the court.
Now the question is that how to deal with the fake DIR report filed by the concern officer/protection officer. Actually the situation is that she never stayed for more than 2-3 days on the mentioned address and also which was one of my ancestor’s property. We both resided in a rented accommodation which is in different state,the place which she didn’t mention.
The concern officer without visiting or verifying the share household which was totally different from the place mentioned by my wife and filed the DIR report in the court.
Sir please suggest what to do.

regards

[Dr. Ashok Dhamija]

You can oppose the Domestic Incident Report (DIR) filed by the concerned Protection Officer and point out all the factual mistakes in the Report by giving evidence from your side. You can also bring the correct factual position (such as that your wife stayed with you in a rented accommodation) along with relevant proof to the knowledge Magistrate. The Magistrate is required to give you an opportunity of being heard and follow the principles of natural justice in this regard. So, you should be getting an opportunity to point out the defects in the DIR.

     

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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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