Domestic Violence in Live-in Relationships

 

Name – Dhun Vinod Santosh

College - Government Law College, Mumbai

The Protection of Women from Domestic Violence Act, 2005 was enacted to protect women from violence in their homes and families. It seeks to protect them from physical, sexual, emotional and economic abuse. A clear aim of the Act is to prevent the occurrence of Domestic Violence in the Society.  

With passing time, a large number of couples are opting to live together, before marriage or sometimes, with no intention of getting married. These partners ‘co-habit’ and decide to live together and such relationships are commonly known as Live-in Relationships. There is still a lot of prejudice around Live-in Relationships but from a legal point of view, the Hon’ble Supreme Court has iterated that they are completely legal[1][2]. The moot point that this Article deals with is Domestic Violence in these Live-in Relationships and if any remedy is available to the aggrieved under the Protection of Women from Domestic Violence Act, 2005.

·         Relationships in the nature of Marriage-

Not all Live-in Relationships are covered by the PWDVA, 2005. Only those Live-in Relationships that are ‘in the nature of Marriage’ fall under the ambit of the Act.

 Section 2(a) of the Act states:

"2(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent";

 Section 2(f) states:

"2(f) "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 nature of marriage, adoption or are family members living together as a joint family"

 Relationship ‘in the nature of Marriage’ has nowhere been defined in the Act itself but the Hon’ble Supreme Court in D.Velusamy vs D.Patchaiammal[3] laid down that such a relationship is akin to a Common Law Marriage.

Common law marriages require that although not being formally married:-

(a) The couple must hold themselves out to society as being akin to spouses.

(b) They must be of legal age to marry.

(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.

(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.[4]

The Apex Court held that the parties must have lived together and constitute a ‘Domestic Relationship’ as envisaged in Section 2(f) and 2(s) of the Act. The Court in clear terms observed that a one-night stand or spending weekends together would not make it a Domestic Relationship.

In addition, certain guiding principles as to when a Live-in Relationship can be termed as a Relationship in the nature of Marriage were also laid down by the Supreme Court in Indra Sarma vs V.K.V.Sarma[5]. They are-

 (1) Duration of period of relationship- Section 2(f) of the PWDVA, 2005 has used the expression “at any point of time”, which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.

(2) Shared household- The expression has been defined under Section 2(s) of the PWDV, 2005 and, hence, need no further elaboration.

(3) Pooling of Resources and Financial Arrangements- Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.

(4) Domestic Arrangements- Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or upkeeping the house, etc. is an indication of a relationship in the nature of marriage.

(5) Sexual Relationship- Marriage like relationship refers to sexual relationship, not just for pleasure, but for emotional and intimate relationship, for procreation of children, so as to give emotional support, companionship and also material affection, caring etc.

 (6) Children- Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.

(7) Socialization in Public- Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong circumstance to hold the relationship is in the nature of marriage.

(8) Intention and conduct of the parties- Common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship.

Thus, all these factors ought to be considered on a case by case basis to decide whether a particular Live-in Relationship is of the nature of Marriage. Only if such a Live-in Relationship is of the nature of Marriage, then can an aggrieved person seek reliefs provided under Chapter IV of the Act.

·         Reliefs-

There are various Reliefs available to the Applicant under the Act. Summarily, they are-

The Respondent may be prohibited from committing any act of Domestic violence or aiding or abetting such an act as well. A protection Order can be passed in favour of the Aggrieved person, prohibiting the Respondent from entering the place of employment of the Aggrieved person or from alienating any Assets, etc.[6]

2. A Residence Order restraining the Respondent from dispossessing the Aggrieved person or for removing himself from the shared household can be passed.[7]

3. While disposing of an application, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence.[8]

4. The Magistrate may also pass appropriate Custody and Compensation Orders.[9]

5.  The Courts also have the power to grant Interim and Ex Parte Reliefs to the Aggrieved.[10]

·         Conclusion-

An aggrieved person under the Act can approach the Magistrate under Section 12 for the relief mentioned in Section 12(2). The Act also provides that the reliefs mentioned may also be sought in any legal proceeding, before a civil court, family court or a criminal court. Thus, an Aggrieved woman having suffered Domestic Violence (as per Section 3 of the Act) in a Live-in Relationship, may approach the court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, if her Relationship is in the nature of Marriage, as per the guidelines laid by the Supreme Court.

 

[1] Payal Sharma v. Nari Niketan MANU/UP/0288/2001

[2] S. Khushboo v. Kanniammal  MANU/SC/0310/2010

[3] D.Velusamy vs D.Patchaiammal AIR 2011 SC 479

[4] See Supra

[5] Indra Sarma vs V.K.V.Sarma (2013) 15 SCC 755

[6] Section 18 of the Protection of Women from Domestic Violence Act, 2005

[7] Section 19 of the Protection of Women from Domestic Violence Act, 2005

[8] Section 20 of the Protection of Women from Domestic Violence Act, 2005

[9] Section 21 and 22 of the Protection of Women from Domestic Violence Act, 2005

[10] Section 23 of the Protection of Women from Domestic Violence Act, 2005