Manikala Dharmaiah & Ors. v. Court of Andhra Pradesh, Hyderabad & Anr.

the First Class, Chintalapudi against petitioners 1 to 4 for necessary reliefs under the Protection of Women from Domestic Violence Act, 2005 (in short, the Act) including maintenance. The second respondent’s husband is no more. The first petitioner is father, the second petitioner is maternal uncle, the third petitioner is brother and the fourth petitioner is sister of the deceased husband of the second respondent.

It is contended by the petitioners’ counsel that subsequent to death of the second respondent’s husband, she lived in parents- in-law’s house for about twenty days during ceremonies and thereafter, left that house and that there is no ‘shared household’ between the petitioners and the second respondent.

At any rate, having regard to definition of ‘Domestic Relationship’ contained in Section 2(f) of the Act, there is domestic relationship between the petitioners and the second respondent. It is contended that the second respondent is employed and is getting salary and that therefore, she is not entitled for any maintenance in the case from any of the petitioners. It is a question of fact as to whether the second respondent is having her own source of income and is employed. That question has to be decided by the trial Court during enquiry of the case. That question cannot be subject matter of this petition under Section 482 Cr.P.C.