The Court holds that the applicant has prima facie established a domestic relationship with the opponent and is entitled to interim reliefs under Section 20 of the Act.

1. Heard Mr. Pangam, learned Counsel appearing on behalf of the petitioner and Ms. Matkar, learned Counsel appearing on behalf of the respondent.

2. Rule. By consent, Rule made returnable and heard forthwith.

3. By this petition, the petitioner has taken exception to the order dated 27.02.2013 passed by the learned Assistant Sessions Judge, Panaji (“Appellate Court” for short) in Criminal Appeal No.29 of 2012 and the judgment and order dated 16.01.2012 passed by the learned Judicial Magistrate, First Class, (B-Court), Ponda (“Trial Magistrate” for short) in Criminal Case No.59/AOA/DVA/2011/B.

4. The petitioner is the opponent whereas the respondent is the applicant in the said Criminal Case No.59/AOA/DVA/2011/B. The parties shall, hereinafter, be referred to as per their status in the said Criminal Case.

5. An application has been filed by the applicant under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“the Act” for short), before the Trial Magistrate for various reliefs under the Act. The said application has been registered as Criminal Case No. 59/AOA/DVA/2011/B. In the said application, the applicant also prayed for interim reliefs. The respondent filed a reply before the Trial Magistrate. The applicant filed an affidavit-in-rejoinder to which an affidavit-in-sur-Rejoinder was filed by the respondent. The applicant then filed affidavit-in-sur-rejoinder.

6. In this petition also the applicant has filed her affidavit-in-reply and an additional affidavit-in-reply to which the opponent has filed affidavit-in-rejoinder.

7. The applicant claims that the opponent is her husband and that their shared household is a flat bearing No.D-FOX-2, Dr. Almeida Complex, Ponda, presently occupied by her. According to the applicant, the opponent threw out her articles and assaulted her after about two months from the date of their marriage. She alleges that the opponent has not been providing money for her maintenance and for the maintenance of her two children who are staying with her. She claims that she and her children have not been provided with clothes, food, medicines etc., by the opponent. She further alleges that the opponent disposed of all her Stridhan and did not pay the bills of electricity, etc. She also claims that the opponent forced her to leave her shared household and prevented her from accessing a part of the house. She claims that the opponent demanded for dowry, after earlier demand had been satisfied and also advertised about his marriage on the internet.

8. The opponent, in short, claims as under:

The relationship of the opponent with the applicant is not of “Husband”. The applicant is associated with the opponent on “living together relationship” basis. It is false that he assaulted the applicant or insulted her, etc. The opponent has duly provided proper maintenance amount, food, clothes, medicines etc. to the applicant and her two children, from time to time. The opponent never forced the applicant to leave the house where she has been living. The flat in which the applicant is presently residing is of his son by name Nandlal Shet and that the opponent is forced to stay outside the flat by the applicant and her family members. The applicant was in possession of all her ornaments when the opponent was forced to leave the flat. The applicant was causing harassment to him. There was no demand of dowry. If the applicant does not wish to continue with the relationship, it would be convenient to apply for divorce and get separated.

9. After considering the entire material on record, the learned Trial Magistrate, by order dated 16.01.2012, held that prima facie it was shown that the applicant and the opponent are in domestic relationship with each other and that the applicant has been subjected to domestic violence by the opponent. The Trial Magistrate, prima facie, held that the flat bearing no.D-Fox-2, Dr. Almeida Complex, Ponda-Goa is the shared household. The opponent has been rest