CHANDRA BABU Vs. VIDYA PUSHPAN

JUDGEMENT

(1.) The definition of 'domestic relationship' in Sec. 2(f) of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) crops up for interpretation yet again in this case.

(2.) At the time when they underwent a marriage ceremony, the first marriage of both the petitioner and the 1st respondent was subsisting. The trial court as well as the appellate court considered the question in the light of the law laid down by the Apex Court in Indra Sarma v. V.K.V.Sarma [(2013) 15 SCC 755] and held that dehors their first marriage, there existed a domestic relationship. Various reliefs were granted accordingly. The petitioner challenges the said concurrent finding in this revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code).

(3.) The Judicial Magistrate of the First Class, Sasthamcotta initially as per its order dtd. 6/4/2018 allowed M.C.No.78 of 2013, which was filed by the 1st respondent. The appeal preferred by the petitioner was dismissed. The matter was carried to this Court in revision by filing Crl.Revision Petition No.937 of 2019. This Court as per the order dtd. 21/10/2020 allowed that revision petition and remitted the matter to the learned Magistrate for a fresh consideration in the light of the law laid down by the Apex Court in Indra Sarma (supra). In obedience to the said direction, the learned Magistrate considered the matter afresh and allowed M.C.No.78 of 2013 as per the order dtd. 22/2/2021 granting most of the reliefs. The appellate court followed the suit and dismissed the appeal preferred by the petitioner as per the judgment dtd. 5/11/2022.