( 1. ) Being aggrieved by the judgment dated 18.4.2009 passed by Xth Additional Sessions Judge, Indore, in Cr. A.No. 162/2009, whereby the order dated 12/3/2009 passed by JMFC, Indore, in Criminal Case No. 1911/2009, whereby the application filed by the petitioners regarding maintainability of the proceedings was dismissed, was maintained, the present revision petition has been filed.

( 2. ) Short facts of the case are that the respondent filed a complaint under section 12 of the Protection of Women from Domestic Violence Act, 2005 (No. 43 of 2005) (which shall be referred hereinafter as Act), wherein it was alleged that petitioners are father and son. It was alleged that marriage of respondent took place with one Shankar Chawla. Out of the wedlock respondent delivered three children and two years before Shankar Chawla died. Thereafter respondent fell in love with petitioner No. 1. It was alleged that thereafter the respondent was married to petitioner No. 1 in a temple as per Hindu rituals at Ujjain. It was alleged that thereafter respondent was living with petitioner No.1 at Raviratan Apartment, Prem Nagar Indore. It was alleged that before the marriage petitioner No. 1 as