PRAVIN SATYANARAYAN BATTULWAR Vs. MEENA PRAVIN BATTULWAR

JUDGEMENT

(1.) Heard the learned counsel for petitioners and the learned counsel for respondents.

(2.) By this petition, the petitioners seek quashing and setting aside of the entire proceedings including impugned orders dtd. 8/9/2022 and 19/10/2023 in PWDVA No. 20/2022 filed by respondent under the Protection of Women from Domestic Violence Act,2005 ("D.V Act") before Judicial Magistrate First Class, Chamorshi.

(3.) The principal challenge is to the proceedings initiated by the present respondents under Sec. 12 of the D.V. Act. The learned counsel for the petitioners submits that there is no relationship in the nature of marriage between the parties. The FIR was lodged by the present respondent No.1 on 7/5/2022 alleging sexual abuse by the present petitioner No.1. After completion of investigation, charge sheet was filed on 26/6/2022. The petitioner No.4 got married with petitioner No.1 on 6/7/2022. He further submits that the couple never lived in a shared household and therefore the relationship cannot come within the purview of definition of Domestic Relationship. As the petitioner No.1 and respondents do not have any relationship, therefore even their relationship does not fall under the said definition of 'Domestic Relationship and Relationship in the nature of marriage'. He invited my attention to the FIR which was registered, wherein the present respondent No.1 has made allegations against the present petitioner No.1 stating that at the relevant time, she was residing with her brother at Alapalli and at Aheri with her friend. Therefore, he submits that it cannot be said that they lived in a shared household. By relying on the decision of the Supreme Court in case of D. Velusamy Vs. D. Patchaiammal, 2010(3) Bom.C.R.(Cri.) 764(S.C.) , though the relationship in the nature of marriage is not defined, however the Supreme Court in the said judgment has carved out certain guidelines in order to interpret the 'relationship in the nature of marriage'. The following guidelines has been laid down by the Apex Court to identify 'relationship in the nature of marriage:-