KOLLI BABI SAROJINI Vs. KOLLI JAYALAXMI

JUDGEMENT

(1.) THIS revision is against order dated 25 -6 -2008 in Criminal Appeal No.42 of 2008 on the file of V Additional Metropolitan Sessions Judge, (Mahila Court) at Hyderabad whereunder order dated 6 -11 -2007 in D.V.C.No.11 of 2007 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad is set aside.

(2.) PARTIES are herein after referred to as complainant and respondents as arrayed in the D.V.C.No.11 of 2007 for convenience and for better understanding.

(3.) RESPONDENTS filed reply to the above petition contending that complaint is not maintainable and the provisions of Act, 2005 are not applicable. It is contended that there is no domestic relationship and the complainant do not fall under the definition of aggrieved person. It is further contended that complainant and respondents never had any share household, first respondent, complainant and her husband stayed together only during the time of marriage ceremonies in the year 1987 and immediately, they moved to Hyderabad and during their stay at Hyderabad, the complainant was moving closely with some men which caused annoyance to her husband Narendrababu. The complainant was demanding huge amount for her luxurious life, for which, her husband was very upset and latter, Narendrababu went to Kodada and complainant also joined him at Kodada. First respondent was mostly residing at her brothers house and subsequently, on the pretext of children education, complainant moved her family to Hyderabad in the year, 2001. These facts would clearly reveal that the complainant and her husband never had a shared house as defined under the Act. The complainant herself abandoned children and left the home on 10 -2 -2007 due to her adulterous acts. Shops at Nelakondapalli village belong to the second respondent and the complainant has no right whatsoever on that property. Family partition has taken place much before the marriage of complainant, and the respondents supported Mr.Narendrababu financially to do contracts. From the inception of marriage, behaviour of complainant was strange and she was interested in luxurious way of life and she was moving freely with men in an undesirable fashion. When her husband objected for the same, complainant did not care him which caused mental depression to Narendrababu. He was hale and healthy before marriage and due to unwanted behavior of complainant, he developed mental disorder. The respondents, due to abundant love towards Narendrababu, used to help him financially. The shops at Nelakondapalli village are self acquired properties of second respondent and due to his soft corner towards his brother and his brothers children, second respondent allowed them to collect rents of six shops initially and the complainant and her husband had no share in the said property. Complainant has developed closeness with one Anilkumar an L.I.C.agent, when she was moving with him, her husband and children strongly objected with her activities. This Anil kumar went to the extent of scolding children, attempted to sexually abuse against the daughter of the complainant by misbehaving with her. This was brought to the notice of maternal uncle of the daughter (Gowthami) and Mr.Narendrababu was informing the respondents that in the event of his death, they have to take care of his children and even during his life time, he advised his daughter to stay with his sister for her security. The complainant committed more cruel acts towards her husband by indecent behavior with Anil Kumar in his presence. Respondents 1 to 4 nor brother of first respondent Venkata Ratnam Babu never gave any assurance to complainant or her father that