M. LATHA Vs. PREMA RAJENDRAN

JUDGEMENT

(1.) The civil revision petition is filed to struck off the complaint filed in D.V.C.No.16 of 2022 pending on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai.

(2.) The petitioner states that the 1 st respondent is the Medical Practitioner and the 2 nd respondent is the husband of the 1st respondent and he is a retired person. The petitioner was working as house maid in the residence of the respondents husband and wife from the year 1999 onwards. She was the domestic helper at their residence and after sometimes the respondent 1 and 2 started living separately under the same roof. There was a dispute between the husband and wife and the petitioner was unnecessarily dragged into the dispute. The 1st respondent filed a complaint before the XVIII Metropolitan Magistrate Court at Saidapet under the Domestic Violence Act and the petitioner was also implicated in the DVC proceedings seeking relief against the petitioner.

(3.) The learned counsel for the petitioner mainly contented that the petitioner is not falling within the definition of 'Domestic relationship' under Sec. 2(f) of the Act. Even under Sec. 2(a) of the Act, the 1st respondent cannot be construed as an aggrieved person as far as the petitioner is concerned. Sec. 2(q) defines 'respondent' means any adult male person, who is, or has been in a domestic relationship with an aggrieved person and against whom the aggrieved person has sought any relief under this Act. Relying on Sec. 2(a), 2(f) and 2(q), the learned counsel for the petitioner contends that the complaint under the Protection of Women from Domestic Violence Act is not maintainable against the petitioner and thus, she may be exonerated from the proceedings, since relief has been sought for against the petitioner in the complaint by the 1st respondent.