In a significant judgment, the Delhi High Court has clarified that individuals cohabiting in a relationship akin to marriage are considered to be in a "domestic relationship" under the Protection of Women from Domestic Violence Act, 2005 (DV Act). This interpretation broadens the scope of the Act, ensuring protection for partners in live-in relationships.
Case Background
The case involved a woman who filed a complaint under Section 12 of the DV Act, alleging that she had been subjected to cruelty during her cohabitation with the respondent, whom she claimed to have married in 2006. She stated that they lived together in her matrimonial home for nearly seven years. The respondent, however, contested the validity of the marriage, presenting documents suggesting that the woman was initially married to his brother and that their union was merely a "Friendship Agreement." He also revealed his existing marriage to another woman, with whom he had a child, and ongoing matrimonial litigation.
Lower Court Proceedings
The Magistrate's Court initially dismissed the woman's application challenging the maintainability of her complaint under the DV Act. However, upon appeal, the Sessions Court overturned this decision, siding with the respondent's contention that no valid marriage existed between the parties, thereby questioning the applicability of the DV Act.
High Court's Analysis and Decision
Justice Amit Mahajan of the Delhi High Court set aside the Sessions Court's order, emphasizing that the DV Act's definition of "domestic relationship" under Section 2(f) includes relationships "in the nature of marriage." The Court noted that the woman's allegations indicated that she and the respondent lived together in a shared household for almost seven years. Even if their relationship did not constitute a legally valid marriage, it bore the characteristics of a marriage-like relationship, thereby falling within the ambit of the DV Act.
The Court further observed that the respondent's reliance on documents to dispute the marriage could not be accepted as conclusive evidence at the initial stage of proceedings. The allegations pointed towards domestic violence within a domestic relationship, warranting legal scrutiny.
Implications of the Judgment
This judgment reinforces the legal recognition of live-in relationships in India, aligning with the evolving societal norms where such relationships are increasingly prevalent, especially in urban areas. By interpreting "domestic relationship" to include relationships in the nature of marriage, the Court has extended the protective umbrella of the DV Act to individuals in live-in relationships, ensuring they have legal recourse against domestic violence.
The Protection of Women from Domestic Violence Act, 2005, was enacted to provide more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. The Act's definition of domestic violence is broad, encompassing physical, sexual, verbal, emotional, and economic abuse. By including relationships in the nature of marriage, the Act acknowledges the reality of live-in relationships and provides necessary legal safeguards to individuals in such arrangements.
This judgment also underscores the judiciary's role in interpreting laws in a manner that reflects contemporary societal values and relationships. It highlights the importance of providing legal protection to individuals in non-traditional relationships, ensuring that the law evolves in tandem with societal changes.
Conclusion
The Delhi High Court's ruling marks a progressive step in the legal recognition of live-in relationships in India. By affirming that such relationships fall within the definition of "domestic relationship" under the DV Act, the Court has ensured that individuals in live-in relationships have access to legal remedies against domestic violence. This judgment not only broadens the scope of the DV Act but also reflects the judiciary's commitment to adapting legal interpretations to contemporary societal norms.
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