HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.10098 of 2009 O R D E R: The petitioners 1 and 2 are husband and father-in-law of the second respondent/aggrieved person. At the instance of the second respondent, D.V.C.No.2 of 2009 was filed on the file of X Metropolitan Magistrate, Cyberabad at Malkajgiri against the petitioners herein. It is contended by the petitioners’ counsel that when the second respondent, her parents and brother came in aggression to the petitioners’ house, the petitioners gave complaint and thereupon the Uppal Police filed charge sheet against them in the Court of Second Metropolitan Magistrate, Cyberabad at Lalbahadur Nagar for the offences punishable under Sections 448, 506/34 IPC. It is further contended that even in the year 2008 itself the first petitioner filed FCOP No.1464 of 2008 on the file of Family Court, Rangareddy Distrisct against the second respondent under Section 10-B of the Hindu Marriage Act, 1955 ( in short, the 1955 Act) for judicial separation and that it is pending and that the present Domestic Violence Case was filed by the second respondent as a counter blast case. In these proceedings, relief claimed under Section 10-B of the 1955 Act and the reliefs claimed in Domestic Violence Case under the provisions of Protection of Woman from Domestic Violence Act, 2005 (in short, the 2005 Act) are totally different. Presently, the second respondent claimed reliefs of protection under Section 18, residence under Section 19, maintenance under Section 20, and compensation under Section 22 of the 2005 Act. Proceedings in a Domestic Violence Case are purely civil in nature though they are tried by a Criminal Court applying procedure prescribed by Cr.P.C. Having regard to reliefs claimed by the second respondent in the case, it cannot be said that the petitioners are not necessary parties to the case. Hence, the Criminal Petition is dismissed. However, the lower Court is directed to dispense with presence of the second petitioner, who is the second respondent in Domestic Violence Case during enquiry of the case before the lower Court, except on the date when order is going to be pronounced by it. ________________________ SAMUDRALA GOVINDARAJULU,J 28th September, 2010. PNV