CHELLADURAI Vs. SEBASTIN

JUDGEMENT

(1.) The petitioners herein are respondents 1 to 5 in M.C.No.14 of 2013 on the file of the Judicial Magistrate Court No.II, Virudhunagar. The said Miscellaneous Case was filed by one Sebastian, who is father of one Maria Stella. In the year 2003, the said Maria Stella got married with one Sebasitan Raju, who is in-law of the fifth petitioner herein.

(2.) Now, on going through the relationship between the petitioners and the respondent, it is an admitted fact that the fifth petitioner's in-law, viz., Sebastian Raju, had married the daughter of the respondent in the year 2003. The petitioners 1 and 2 herein are the husband and wife and the petitioners 3 to 5 are their children. Now, the respondent, being the complainant in M.C.No.14 of 2013, on the file of the Judicial Magistrate Court No.II, Virudhunagar, made an allegation as 31.03.2013 when at the time he and her daughter on the way to Ignatiour Church, Virudhunagar, the petitioners 1 to 5 waylaid and abused them by using the word [1] for which, the respondent herein filed M.C.No.14 of 2013 under Section 12 r/w. Sections 17, 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as 'the Act'].

(3.) In order to substantiate the claim made by the petitioners, the learned counsel appearing for the petitioners submitted that the respondent herein is not at all having any domestic relationship with the petitioners and he is related with the petitioners only through his son-in-law. Accordingly, under the Act, he is not entitled to file a complaint as like this. Now, considering the submission made by the learned counsel appearing for the petitioners, it is necessary to read Section 3 of the Act, which reads as follows: