IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4425 of 2009 DATE:26.08.2010 Between: Smt.Tamkeen Nizami and others …… Petitioners And: Smt.Nusrath Sultana and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4425 of 2009 ORDER: The petitioners 1 to 4 are respondents 4 to 7 in D.V.C. No.12 of 2009 on the file of VI Additional Chief Metropolitan Magistrate, Hyderabad. The 1st respondent filed the case against her husband, family members and relations of her husband in the lower Court for the reliefs of residence under Section 19, monetary relief of maintenance under Section 20 and compensation under Section 22 of the Protection of Women from Domestic Violence Act (in short, the Act). In so far as the reliefs under Sections 19 and 20 are concerned, it is well settled that they can be claimed only as against the husband and not as against other family members or relations of the husband. In the case on hand, the 2nd respondent claimed compensation of Rs.50,00,000/- from all the respondents for the alleged harassment and alleged violence caused towards her. In view of the said specific relief claimed under Section 22 of the Act, it cannot be said that the petitioners are not necessary parties to the case in the lower Court. 2) In any event, all the reliefs claimed under Sections 19, 20 and 22 of the Act are purely civil in nature though entertained by a criminal Court. Simply because the case is entertained by a criminal Court and Code of Criminal Procedure is made applicable to the proceedings before that Court, this Court is of the opinion that presence of the petitioners herein on every date of adjournment in the lower Court during enquiry may not be necessary. 3) In the result, the petition is dismissed. However, the lower Court is directed to dispense with presence of the petitioners 1 to 4 who are the respondents 4 to 7 in D.V.C. No.12 of 2009 during enquiry of the case except on the date of delivery of the order therein. _______________________________ SAMUDRALA GOVINDARAJULU, J August 26, 2010 KSH