IMPORTANT POINT
Couple when lived together akin spouses will satisfy requirement of domestic relationship.

K. Harilal, J.—The revision petitioner is the respondent in M.C. No. 78/2009 of the Judicial First Class Magistrate Court, Cherthala. The said case was filed under Section 12 of the Protection of Women from Domestic Violence Act by the respondents 1 and 2 against the petitioner herein seeking a protection order from domestic violence, compensation of Rs.4 lakhs and maintenance. The preliminary objection raised by the revision petitioner is that the 1st respondent is not a wife coming under Section 2(f) of the Protection of Women from Domestic Violence Act. Put it differently, objection is that there is no domestic relationship between the revision petitioner and the 1st respondent. After considering the objection, the trial court found that the averments in the petition disclose the domestic relationship between the revision petitioner and the 1st respondent and thereby the 1st respondent is a wife coming under Section 12 of the Family Court Act. Aggrieved by the dismissal of the preliminary objection the revision petitioner had preferred an appeal before the Sessions Court. After re-appreciating the evidence, the Sessions Court also confirmed the findings of the trial court. This Revision Petition is filed challenging the concurrent findings of the courts below.

2. It is a case of the lst respondent that she is an unmarried woman residing alongwith her mother. The petitioner used to visit the residence of the 1st respondent frequently and used to reside together at times. On 29.4.2009 the revision petitioner came to the residence of the 1st respondent and had sexual intercourse with her. This was repeated on various subsequent occasions and as a result of which the 1st respondent became pregnant and gave birth to 2nd respondent and the revision petitioner and 1st respondent resided together on various occasions. While the 1st respondent was pregnant the revision petitioner gave certain medicines so as to terminate her pregnancy and further threatened the 1st respondent causing fear of death. In connection with the said incident Pattanakad police registered Crime No.36/2009 against the revision petitioner. In the above context, the respondents filed the above case, seeking a protection order from domestic violence. compensation of Rs.4 lakhs and maintenance.

3. The counsel for the revision petitioner contends that the courts below concurrently failed to consider the question whether there is any allegation of domestic relationship in view. of Section 2( f) of the Protection of Women from Domestic Violence Act. The courts below have not considered the definition in its correct perspective and thereby the impugned order arises from misconception of law and procedural irregularity. The counsel further submits that in view of the conjoint reading of Sections 2(a), 2(f) and 2(s) of the Protection of Women from Domestic Violence Act, 2005, the complaint itself is not maintainable and the averments do not disclose the ingredients of the said sections. The counsel further pointed out that there is no averment indicating that they had a relationship in the nature of marriage.

4. Therefore, being a preliminary issue challenging the maintainability of the petition, the short question that arises for consideration is whether the averments in the petition disclose the domestic relationship defined under Section 2(f) of the Protection of Women from Domestic Violence Act. As a preliminary issue, this question does not warrant a meticulous scrutiny of the entire pleadings. What is required is whether the allegations prima facie disclose a domestic relationship as defined in the said Act. Going by para 2 of the petition, it is specifically stated that the erevision petitioner and 1st respondent are neighbours and the 1st respondent is an unmarried woman. It is alleged that the revision petitioner used to come to her house and they developed an intimacy which culminated in pregnancy and she gave birth to the 2nd respondent. It is specific