CAN WOMEN IN LIVE-IN RELATIONSHIPS FILE DOMESTIC VIOLENCE CASES?

The Protection of Women from Domestic Violence Act 2005 (hereinafter called PWDV ACT 2005) is an act which has been implemented in India since 26th October 2006 with an aim to curb the offences of domestic violence arising out of a domestic relationship of a woman who is legally married or is in the relationship in the nature of marriage like live-in-relationship. This act gave a broad definition of domestic violence which includes physical abuse, sexual abuse, verbal and emotional abuse, economic abuse, etc. The phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. Prior to the implementation of PWDV ACT 2005, there was no such law that could redress all forms of violence’s committed against women, and where a woman is subjected to cruelty or harassment by her husband or his relatives, she can only redress her grievances through section 498A of Indian Penal Code which definitely does not cover all forms of violence’s committed against the women within the four walls of the house. The other significant term which has been acknowledged in this act is a live-in-relationship as earlier live-in-relationship was not legally recognized in India.  No doubt the live-in-relationship has got legal shield in India since the implementation of the PWDV ACT 2005 and the relationship in the nature of marriage like live-in-relationship has been legalized equally as marriage relationship solemnized under the Hindu Marriage Act or under other personal laws so for as the case under Domestic Violence is a concern. For better understanding the term of live-in-relationship and its legitimacy in India, it is essential to refer to the relevant definitions of the PWDV ACT 2005 where the term of live-in-relationship got a legal sanction.
“Domestic Relationship” has been defined in Section 2(f) in the following words:- 

"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. 

“Aggrieved person” has been defined in Section 2(a) in the following words:- 

 “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. 

The expression “respondent” is defined in Section 2 (q) in the following words:- "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.

The words “adult male” as occurring in Section 2(q) has been struck down by the Supreme Court in the case of Hiral P. Harsora and Ors. Vs. Kusum narottamdas Harsora and Ors., (2016) 10 SCC 165. Consequently, the respondent can also be a female who is in a domestic relationship with an aggrieved person.

So by virtue of the above definitions, it’s is crystal clear that a woman who is in live-in-relationship is entitled to initiate a legal proceeding if she has been subjected to any form of violence and the same is legally permissible.

Recently the Supreme Court in the case of “Gurvinder Singh & Anr. Vs. The State of Punjab & Ors. SLP (Crl.) No.4028/2021” while dealing with a case which involved a question of personal protection of a couple who were in live-in-relationship has observed that “ Needless to state that since it concerns life and liberty, the Superintendent of police is required to act expeditiously in accordance with the law, including the grant of any protection to the petitioners in view of the apprehensions/threats, uninfluenced by the observation of the High Court” The Punjab and Haryana High Court in this case had declined to grant any protection to the couple who first approached the High Court for personal protection and had remarked that “ As a matter of fact, the petitioners in the garb of filing of present petition are seeking seal of approval on their live-in-relationship, which is morally and socially not acceptable and no protection order in the petition can be passed” This observation made by the Punjab and Haryana High Court has got massive attention of the public as a fundamental question has been arose in the mind of  the public at large as to what is the legal status of the live-in-relationship in India?

A few days back Justice S.Vaidyanathan of the Madras High Court also makes an important observation with regard to the concept of live-in-relationship. He observed that “The present generation must understand that, marriage is not a contract, but a sacramental one. Of course, the word ‘Sacrament’ has no meaning after coming into effect of the Domestic Violence Act, 2005, that, approves live-in-relationship. Husband and wife must realize that ‘ego’ and ‘intolerance’ are like footwear and should be left out of their house when they enter the home, else, the child/children will have to face a miserable life” The anxiety and expressions of the courts is quite clear and logical that by way of special legislation i.e 

Protection of Women from Domestic Violence Act 2005, the status of a legally wedded wife has been put at par with the woman who is in live-in-relationship without addressing other necessary issues which may arise out of in the live-in-relationship as few fundamental questions still arise to be answered as to what is the law about the dissolution of live-in-relationship?. For example, if a person who is in a live-in-relationship wants to terminate it in a legal way or a couple who are in a live-in-relationship mutually want to terminate it in a legal way then what is the law to govern them and which legal process they should adopt ?. Further, what are the legal rights of the children born out from such a relationship?. PWDV Act 2005 is very much silent on these aspects so it is transpired that the Protection of women from Domestic Violence Act 2005 does not redress all the issues which may arise out of live-in-relationship in compare of the other law such as Hindu Marriage Act. 

*The writer is a practicing Advocate in the Supreme Court of India. The views are personal which are based on judgments passed by the Hon’ble Courts. The contents are not for the purpose of legal advice.

*By Mahesh Tiwari Adv