- (1.) AMAR Saran, J. Heard learned Counsel for the applicants and the learned A. G. A.
(2.) A notice under Sections 9 (b) and 37 (2) (1c) of the Protection of Women from Domestic Violence Act, 2005, hereinafter referred to as the Act, dated 14-11-2007 has been challenged by means of this application under Section 482, Cr. P. C. The first contention raised by the learned Counsel for the applicants is that the Act came into force on 26-10-2006, but the incidents on the basis of which the application was rpoved by the opposite party No. 2 relates to 15-6-2005 and thereafter the complainant is living in her house since 20-9-2005. Learned Coun sel for the complainant, however, points out that when the complainant visited the Court premises, she was again assaulted and this incident is subsequent to coming into force of the Act. Without going into this aspect, as the relief sought in this case i. e. for seeking protection from being disposessed from the premises or for getting compensation, if he wants to dispossess her is an act in present. It cannot be said that as some of the incidents referred to an earlier date, proceed ings under the Act were not maintainable. Specific powers in this regard have been mentioned in Sections 19 and 20 of the Act. The second submission raised by the learned Counsel for the applicants was that the application was not in the prescribed Form No. 1. I think that is only a directory requirement. Moreover, learned Counsel for the complainant has pro duced the certified copy of the notice, which is in the Form-I.
(3.) THE third contention raised in the application was that the essence of the Act was only to protect women when she was staying her marital house with her husband and not after she had gone to her maternal home and admittedly in this case she was living in her maternal home since 20-9-2005. I do not think that in the Act there is any such requirement. THE Act specifically provides under Sec tion 2 (f) that "domestic relationship" means a relationship between two persons who live, or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the na ture of marriage etc. THErefore, the requirement of immediate residence is not necessary. Moreover, Section 3 also notes the definition of domestic violence. There is no specification that the applicants had been contacted only at the time when the complainant was residing in the home of her husband or partner.;