Domestic Violence -- Absence of Allegations in Domestic Incident Report -- Not a ground to refuse summons
Protection of Women from Domestic Violence Act, 2005, S.12 -- Domestic Violence -- Absence of Allegations in Domestic Incident Report -- Cannot be a ground to refuse summons or delete a respondent from proceedings, since the DIR is prepared only to facilitate the Magistrate and cannot substitute or supersede the original complaint. The complaint and the DIR must be read cumulatively and not in isolation. Overall facts and circumstances under Explanation II to Section 3 of the Act must be considered before determining whether domestic violence is made out.
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