Legal

Bombay HC Clarifies “relationship in the nature of marriage” for the Domestic Violence Act

 

By the order dated 31.3.2015, the Magistrate at Pune  domestic violence complaint of the petitioner was allowed and granted the rliefs for maintenance, compensation and expenses of litigation.  However, the Sessions Court allowed the appeals and quashed the said judgment.

The very definition of ‘Domestic relationship’ includes a ‘relationship in the nature of marriage’, therefore the protection under the PWDVA, 2005, is not restricted to a relationship through marriage only

A live-in relationship is not a socially accepted phenomena in India as yet. However, with the urbanization and industrialization, the social fabric has undergone a change to a great extent during the past few years. Consequent to the changing society, it was found necessary to provide some protection to the women who are in such kind of relationship, by providing protection and remedies under the PWDVA, 2005.

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

a view, that to qualify as ‘relationship in the nature of marriage’, it should have some inherent or essential characteristics of a marriage, though parties might not Rushikesh have legally married.

The respondent no.1 married the petitioner during the subsistence of his marriage with the respondent no.2.

Judgment dated 9.1.2026 of the High Court of Bombay in Criminal Writ Petition No.3946 of 2016 Sheetal Chandraknt Kunjir  Vs.  Chandrakant Tukaram Kunjir and others

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