Andhra HC (Pre-Telangana)
Medi Koteswara Prasad vs Medi Manemma And Others on 4 October, 2012
Author: G. Krishna Mohan Reddy
Bench: G. Krishna Mohan Reddy
THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.9385 of 2010 04-10-2012 Medi Koteswara Prasad Medi Manemma and others Counsel for the petitioner:Sri K. Chaidambaram Counsel for Respondent Nos.1 and 2: Sri Siva Sankara Rao Borra Counsel for Respondent No.3: Public Prosecutor <Gist: >Head Note: ?Cases referred: NIL ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash proceedings in D.V.C.No.12 of 2010 (DVC) on the file of the Court of II Additional Judicial Magistrate of First Class, Tenali, Guntur District.
2. The petitioner herein is the respondent and the respondents herein are the petitioners in the DVC. For the sake of convenience, I refer the parties as arrayed in the DVC.
3. The complaint was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'), for granting the following reliefs under Sections 19, 20 and 22 of the Act:
1. Residence order i.e., alternate accommodation/rent of the same level at Rs.1,000/- per month in terms of 19(F) of the Act;
2. Maintenance of Rs.4,000/- per month to each petitioner in total Rs.8,000/- per month under Section 20(b) &(c) of the Act; and
3. Compensation of Rs.5,00,000/- under Section 22 of the Act.
4. It is necessary to briefly note the facts of the case in this context, they are as follows:
The petitioners are the wife and son of the respondent. The first petitioner married the respondent on 29-08-1989.
At that time the parents of the first petitioner gave a sum of Rs.70,000/- towards Pasupukumkuma which was entrusted in fact to the respondent for the benefit of the family in the presence of elders apart from giving gold ornaments and household articles worth Rs.40,000/-. It is claimed that the marriage was immediately consummated whereas during the course of marital life they begot the second petitioner. It is alleged that thereafter the respondent subjected the first petitioner to mental and physical harassment for bringing amounts from her parents towards dowry. It is also alleged that the respondent developed illegal contacts with one Estheru Rani following which he threatened the first petitioner to give divorce. It is further alleged that the respondent having developed aversion towards the first petitioner made several attempts to get rid of her whereas on one occasion in that context he tried to tie her neck with a rope, but fortunately she escaped from him. It is further alleged that on 30-03- 2007 the respondent in a drunken state beat the first petitioner for selling her parents land and paying the corresponding sale proceeds to him threatening that unless the demand was met with, he would give divorce to her following which she gave a report to the SHO, Taluka Police Station, for necessary action. It is further alleged that ultimately he deserted her. Further it is claimed that the respondent being a railway employee gets a salary of Rs.202,000/- per month whereas the first petitioner is not having any means to maintain herself and the child by reason of which she is to be provided with necessary monetary relief and compensation under Section 20 and 22 of the Act apart from providing accommodation under Section 19 of the Act.
5. It is represented on behalf of the respondent that the respondent filed D.O.P.No.230 of 2009 on the file of the Court of District Judge, Guntur for granting a decree of divorce dissolving their marriage under Section 10(1)(i)(ix)(x) of Divorce Act, 1869 which was allowed on 12-08-2010 on contest by reason of which the complaint is not tenable. It is admitted by learned counsel for the petitioners that the decree of divorce granted in the said O.P. became final.
6. Therefore, it is to be seen as to whether the DVC is maintainable in view of the grant of divorce in favour of the respondent against the first petitioner or for any other reasons.
7. Here the relevant provisions of the Act are to be taken into consideration.
8. Section 2(a) of the Act contemplates that "aggrieved person" means any woman who is, or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act to domestic violence by the respondent. Therefore, there should be domestic relationship between the aggrieved person and the respondent apart from the question of subjecting the aggrieved person to any act of domestic violence by the respondent. This makes it very clear that when such relationship is not there, the question of filing the complaint correspondingly or prosecuting it with reference to granting any reliefs under the Act does not arise at all. Clause (f) thereunder defines "Domestic relationship" as meant a relationship between two persons who live or have, at any point of time, lived together in a shred household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. By virtue of clause (g) thereunder "Domestic violence" has the same meaning as assigned to it in Section 3 of the Act. Section 3 of the Act contemplates that for the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if-
(a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental to the aggrieved person." By virtue of clause (q) of Section 2 of the Act, "Respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
By virtue of clause (s) thereunder, "Shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
9. By virtue of the dissolution of the marriage between the first petitioner and the respondent by a decree of divorce which became final, the first petitioner cannot be termed as aggrieved person. What is significant is that only concerned woman, who is or has been in domestic relationship with the respondent, who is alleged to have been subjected to any act of domestic violence by the respondent can alone be termed as aggrieved person who can file the complaint for relevant reliefs under different provisions of the Act. As such it is not proper to continue the proceedings against the petitioner in consequence of which the proceedings are liable to be quashed.
10. In the result, the Criminal Petition is allowed quashing the proceedings initiated against the respondent in D.V.C.No.12 of 2010 on the file of the Court of II Additional Judicial Magistrate of First Class, Tenali. ___________________________ G. KRISHNA MOHAN REDDY, J Date:04-10-2012