Criminal Appeal No. 6758 of 2012 · Andhra Pradesh High Court

D.V.C.No.11 of 2010 in the lower Court. The petitioners 1 and 2 are adopted parents. In view of proviso to Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 (in short, the Act), it cannot be said that the petitioners cannot be impleaded as respondents Domestic Violence Case. The 2nd respondent/complainant/aggrieved person is claiming reliefs of protection under Section 18, dispossession from house property under Section 19(1)(a) and order for not disconnecting electricity, water supply and other amenities in the house under Section 19(2) of the Act in the case. Therefore, it cannot be said that the petitioners are not necessary parties to this petition. Entitlement or otherwise of the said reliefs by the 2nd respondent depends upon result of enquiry in the case. Even though, the 2nd respondent filed several proceedings against petitioners herein in Civil Courts, they will not debar the 2nd respondent to invoke Section 12 of the Act to file this complaint against the petitioners. Hence, the Criminal Petition is dismissed. However, the IV Additional Judicial Magistrate of the First Class, Warangal is directed to dispense with presence of the 2nd petitioner who is the respondent No.2 in D.V.C.No.11 of 2010 during enquiry of the case, except on the date of delivery of order. ____________________________ SAMUDRALA GOVINDARAJULU,J Dt. 14th September, 2012 PNV