Separate application for interim reliefs is not required
The wife filed an application under section 12 of the DV Act through the Protection Officer. The magistrate held that at this stage if the report of the PO has not been called or has not been considered, it cannot be a ground for quashing the proceeding. Aggrieved, the husband filed an application in the High Court. The Delhi High Court held that section 12 (1) of the DV Act does not mandate that an application seeking relief under the Act should be accompanied with a DIR or even that it should be moved by a Protection Officer. Further, rule 6 which stipulates the form and manner of making an application to the magistrate does not require that the DIR must accompany an application for the relief under section 12 of the DV Act. Further there is no requirement to file a separate application for interim reliefs.