Living Together in Shared Household in A Relationship ‘In Nature of Marriage’ Also Domestic Relationship Under DV Act: Delhi HC
The Delhi High Court ruled that couples living together in a relationship resembling marriage are considered to be in a domestic relationship under the Domestic Violence Act.
Justice Amit Mahajan clarified that such relationships fall within the definition of “domestic relationship” as per Section 2(f) of the Act. A wife filed a complaint alleging cruelty during her seven-year stay at her matrimonial home after marrying the man in 2006. The husband disputed the marriage, claiming the woman was initially married to his brother and that their relationship was based on a “Friendship Agreement.”
The man also revealed that he was already married to another woman and had a child, with ongoing matrimonial litigation. The sessions court had dismissed the wife’s complaint, citing doubts about the marriage’s validity. However, the High Court overturned this decision, stating that the husband’s documents could not be treated as absolute proof at the initial stage.
The Court emphasized that the woman’s allegations indicated domestic violence. Regardless of the disputed marriage, her seven-year stay in a shared household with the man constituted a domestic relationship, at least in the nature of marriage. The High Court restored the wife’s complaint and directed the Family Court to proceed with the case as per the law. This decision highlights that even non-traditional domestic relationships can seek protection under the Domestic Violence Act.
Source: – Live Law
By: – Rajat Ranjan
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