1. Heard.

This revision petition is directed against order dated 05/08/14 passed in appeal by the 4th Additional Sessions Judge, Bilaspur by which, order dated 01/02/14 passed by the Magistrate rejecting petitioner's application for award of maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005 has been affirmed.

2. An application under Section 12, 18, 19, 22 and 23 under the Act of 2005 was moved by the applicant against her husband - Gangaram, her in-laws as also impleading second wife of Gangaram, praying for award of maintenance and also for passing appropriate order of residence and return of agricultural land or in lieu thereof, lump sum amount as also for appropriate compensation for damages caused to the petitioner due to physical and mental cruelty.

According to the applicant, she was married to Gangaram, five years before the date of filing the application. She was to undertake household work as also engaged in employment to earn livelihood for the family. She was harassed, tortured and abused accusing her as "tonhi" (one who plays witchcraft). It was alleged that due to maltreatment, she became weak so much so that it affected fetus growth and soon after birth, the child died. She was not provided proper treatment in the hospital.

As a specific incidence, it was stated that in the month of April, when marriage of her brothers was to be solemnized, non-applicant/husband and her in-laws objected to send the applicant to her parental house to attend the marriage and when her father came to take her for attending marriage, they told that the applicant would not be allowed to re-enter in the matrimonial house. The non-applicant/husband thereafter, contacted another marriage with one Melan Bai. It was further averred that the applicant was thrown out of her matrimonial house. It was from her income that renovation of the house took place and half an acre of land was purchased, which also, she was not allowed to use. It is stated that she has become weak and unable to maintain herself. As her husband is a Carpenter and earning Rs.10,000/- per month living in a pakka house and also has support from agricultural income, appropriate relief was prayed for.

On the other hand, husband opposed prayer firstly on the ground that applicant started living with him without there being any valid divorce from her former husband- Ramkumar. She had also performed "Churi Marriage" (customary marriage) with one Sunil. It is submitted that she left the matrimonial house without the permission of her husband. Her father had entered into quarrel and thereafter, in community meeting, applicant's father and applicant did not participate nor they came back to matrimonial house.

3. Both the Courts below, swayed by the fact that the applicant had earlier married with Ramkumar and she had been co-habiting with non-applicant-Gangaram under an agreement and further recording finding that no case of domestic violence as per Section 3 of the Act of 2005 is made out, the application was rejected and appeal was dismissed. This revision is directed against order passed in appeal affirming dismissal of the application for award of maintenance and other relief by the Magistrate.

4. Submission of learned counsel for the applicant is that for the purposes of attracting provisions of the Act of 2005, all that was necessary for the applicant was to prove 'domestic relationship' as defined in Section 2 (1) of the Act of 2005 and it is not necessary to prove subsistence of valid marriage. The factum of applicant living with non-applicant No.1 as his wife and accepted as such by non-applicant No.1 and his family is sufficient to establish domestic relationship and attract application of the provisions of the Act of 2005. It is next contended that looking to the beneficent object of the legislation intended to protect a woman against all forms of violence and very wide meaning and import of 'domestic violence' as defined under