Answer By law4u team
Yes, the domestic violence laws in India, specifically the Protection of Women from Domestic Violence Act, 2005 (PWDV Act), do provide legal protection to individuals in live-in relationships. While live-in relationships were traditionally not recognized under Indian law, a landmark judgment by the Supreme Court of India in 2010 clarified that women in live-in relationships can seek protection under the same laws that apply to married women. Here’s how it works:
1. Protection under the PWDV Act for Live-in Relationships
The Protection of Women from Domestic Violence Act, 2005 is designed to provide protection to women facing domestic violence, regardless of their marital status. The Act does not explicitly distinguish between married women and women in live-in relationships when it comes to seeking relief from abuse.
Section 2(f) of the PWDV Act defines a domestic relationship as one where the woman is in a relationship in the nature of marriage. The key aspect here is that the relationship must be one where both parties have been living together for a reasonably long period and the relationship must have the characteristics of a marital relationship, even if the parties are not legally married.
In the landmark 2010 Supreme Court case, D. Velusamy v. D. Patchaiammal, the court ruled that a live-in relationship qualifies as a domestic relationship under the PWDV Act, provided that:
- The couple has been living together for a significant duration.
- The relationship resembles a marriage in nature (i.e., mutual commitment, shared household, long-term cohabitation, etc.).
Therefore, if a woman in a live-in relationship experiences domestic violence, she is entitled to seek the same legal recourse available to women in marriages, including:
- Protection orders
- Residence orders
- Monetary relief
- Custody of children (if applicable)
2. Legal Recourse for Women in Live-in Relationships
Women in live-in relationships who face domestic violence can approach a Magistrate and seek remedies under the PWDV Act. These include:
- Protection Orders: The court can issue an order to stop the abuser from committing any further acts of violence, threats, or harassment.
- Residence Orders: The woman can seek an order for protection of her home and prevent the abuser from evicting her or entering the shared household.
- Monetary Relief: The woman can claim financial support for her medical expenses, maintenance, and compensation for the violence endured.
- Custody of Children: If the woman has children from the relationship, she can seek custody and protection for them as well.
3. Supreme Court Judgment and Judicial Interpretation
In D. Velusamy v. D. Patchaiammal, the Supreme Court of India made it clear that live-in relationships can be recognized under the PWDV Act, provided they are genuine relationships in the nature of marriage. The judgment further emphasized that a long-term relationship that involves cohabitation, shared responsibilities, and mutual dependence could qualify for protection under domestic violence laws.
The court also clarified that while legal marriage is not a requirement, the relationship must be one that mirrors a marital relationship in terms of commitment and cohabitation.
4. Example:
Priya, a woman who has been living with her partner in a live-in relationship for over five years, experiences emotional and physical abuse at the hands of her partner. After a particularly violent altercation, Priya seeks legal help and approaches the Protection Officer for assistance.
Priya files a complaint under the Protection of Women from Domestic Violence Act, seeking protection from further violence, financial support, and a residence order to secure her living arrangements.
The Magistrate reviews her case and grants the requested protection orders and orders the abuser to provide maintenance to Priya.
The court also ensures that Priya's safety is prioritized, issuing orders for her to stay in a shelter if necessary until the situation is resolved.
This example demonstrates how a woman in a live-in relationship can access the same protections as a married woman under the PWDV Act.
5. Challenges and Considerations
While the law provides protection for women in live-in relationships, there can be certain challenges:
- Proof of Relationship: One of the challenges that women in live-in relationships may face is providing evidence of the genuineness and duration of the relationship. The court may require proof that the relationship was long-term and akin to a marriage.
- Social Stigma: In some cases, women in live-in relationships may face social stigma or family pressure, making it more difficult to seek help and access the legal remedies available to them.
- Court’s Discretion: The Magistrate has the discretion to assess whether the live-in relationship qualifies for protection under the law, based on its duration and the nature of the cohabitation.
Conclusion:
Yes, domestic violence laws in India, specifically the Protection of Women from Domestic Violence Act, 2005 (PWDV Act), do cover live-in relationships. Women in live-in relationships are entitled to the same legal protections as married women under the Act. These include the right to seek protection orders, residence orders, monetary relief, and custody of children. However, the relationship must be deemed to resemble a marital relationship, and the duration and nature of the relationship will be key factors in the court’s decision.
The landmark judgment of the Supreme Court in D. Velusamy v. D. Patchaiammal clarified that live-in relationships could qualify as domestic relationships under the PWDV Act, ensuring that women in such relationships are legally protected from violence and abuse.
