Domestic Violence Act — Domestic Incident Report · 20 July 2026
V v. P: Absence of Specific Allegations in Domestic Incident Report Is No Ground to Drop Respondents in a DV Act Case
High Court of Delhi · 2026 LiveLaw (Del) 667; CRL.M.C. 1132/2022
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A wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act seeking protection, residence and maintenance orders after disputes arose in her marriage. The Magistrate issued summons to only some of the respondents, dropping two of the husband's relatives from the case on the ground that the Domestic Incident Report prepared by the Protection Officer did not contain specific allegations against them — even though the wife's own complaint did.
The Delhi High Court held that a Domestic Incident Report is meant only to assist the Magistrate and cannot substitute or override the complaint itself; the two have to be read together, not in isolation. Since the complaint contained specific allegations against the two relatives capable of amounting to domestic violence, the High Court held they had been wrongly dropped from the case, and restored them as respondents.
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