BEYOND MARRIAGE: DOMESTIC VIOLENCE PROTECTION IN LIVE-IN RELATIONSHIPS

Protection of Women from Domestic Violence Act, 2005, passed in 2005 by the Indian Parliament and enforced in 2006 in order to safeguard women from domestic abuse that may take place within households represents a paradigm shift, which recognises domestic violence as not only physical assault but emotional, verbal, sexual and financial abuse too. It was introduced as welfare legislation in order to protect the dignity and rights of women within the confines of marriage. With rapid industrialisation and changes in societal trends, the concept of intimate relationships in India has undergone a great deal of change. As societal changes and urbanization occur, the dynamics of relationships have changed in India. The idea of living together has come into play and has been more visible among younger generations. The concept of live-in relationships is characterized by two consenting individuals cohabiting without being legally married. This is in contrast to marriage, in which individuals have certain rights and obligations based on their marriage status and personal laws. In addition, dissolution of a live-in relationship does not necessarily involve a divorce. However, women who live together in these types of relationships may face vulnerable situation arising from domestic violence due to the lack of legal ties. This is why section 2(f) of the Domestic Violence Act widened the scope of domestic relationship to include relationships that were in the nature of marriage. The judiciary has also been significant in extending legal protection to women involved in live-in relationships. In the case of D. Velusamy vs. D. Patchaiammal, the court found that in some cases, the existence of a live-in relationship between the two parties may be equated with marriage, and hence the woman can claim her maintenance upon the breakup of the relationship. In a similar vein, in the case of Indra Sarma v. V.K.V. Sarma, the court emphasized that although the live in relationships may not be socially acceptable, they are neither sinful nor criminal. This paper discusses the Protection of Women from Domestic Violence Act, 2005 as applied to live-in relationship and discusses how judiciary has interpreted the term relationship in the nature of interpretation of the law by considering the changing nature of relations in society.