Strict proof of marriage is not required to establish a domestic relationship under the Domestic Violence Act, allowing for claims based on cohabitation and the relationship's nature.

ORDER :

SHIVASHANKAR AMARANNAVAR, J.

1. Crl.R.P. No. 938/2016 is directed against the order dated 939/2016 passed in Crl.A. No. 583/2013 by the 55^th Additional City Civil and Sessions Judge, Bengaluru allowing the appeal setting aside the order dated 10.09.2013 passed in Crl.Misc. No. 140/2012 by the II Traffic Metropolitan Magistrate, Bangalore, and petitioner Nos.1 to 3 have been directed to give a portion of accommodation in the house of petitioner No.1 where they are residing to the respondent (wife) as alternate accommodation under Section 19 (1)(f) of Protection of Women from Domestic Violance Act, 2005 (hereinafter reffered to as the D.V. Act) for her residential purpose as prayed by her in Crl.Misc. No. 140/2012.

2. Crl.R.P. No. 989/2016 is directed against the order dated 29.06.2016 passed in Crl.A. No. 541/2013 by 55^th Additional City Civil and Sessions Judge, Bengaluru, whereunder the appeal came to be partly allowed whereby granting house rent to the respondent (wife) in Crl.Misc. No. 141/2012 dated 10.09.2013 is rejected and other part of the order has been confirmed.

3. Heard learned counsel for petitioners and learned counsel for respondent.

4. Respondent – wife filed an application under Section 12 of the D.V. Act in Crl.Misc. No. 141/2012 (old No. 1163/2009) claiming several reliefs against the petitioners including maintenance, monetary relief etc. Respondent also filed Crl.Misc.No. 140/2012 (old No. 1069/2010) under Section 12 of the D.V. Act seeking residence order directing the petitioners to give a portion of the accommodation in the house of the petitioners where they reside.

5. It is the case of the respondent that her marriage took place with petitioner No. 1 on 22.10.2007 in Ganesha temple, Rajaji Nagar, Bangalolre and it was a love marriage and also, an inter-caste marriage. Said marriage has been attended by the parents, brothers and friends of respondent. Respondent lived with petitioner No. 1 for a period of one year in Bengaluru and that is after marriage. Petitioner Nos. 2 and 3 have not attended the said marriage. As the marriage was a love marriage and inter-caste marriage, petitioner Nos. 2 and 3 asked the respondent to leave petitioner No. 1 stating that they will perform his marriage with some other girl of same caste by taking huge dowry. Petitioner No. 1 led marital life with the respondent for a period of one year, till October 2008, and thereafter changed his mind and started to listen to the words of his parents and started to ill-treat the respondent physically and mentally. Petitioner No.1 demanded dowry of Rs. 2 lakhs from the respondent and stated that otherwise he will divorce her. On 02.11.2008 petitioner No. 1 assaulted the respondent and she gave complaint to the Mahalakshmipuram Police Station, Bangalore on 03.11.2008. Petitioner No. 1 appeared before the Police, admitted the relationship and told the Police that they will settle the matter in the Court. Thereafter, petitioner No. 1 started to reside in his native place to avoid the respondent. It is stated that petitioner No. 1 was doing carpenter work and earning Rs.15,000/- per month and also having agricultural income to the tune of Rs.10,000/- per month. Petitioner No. 1 was making efforts to marry some other girl of his own caste and therefore, respondent filed another complaint