Live-in Relationship: Criminal Defenses
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Published date: November 11, 2023
- Location: Janak Puri, New Delhi, New Delhi, Delhi, India
Protection of Women from Domestic Violence Act (PWDVA), 2005: Section 2(f) of the Protection of Women from Domestic Violence Act (PWDVA), 2005 defines “domestic relationship” i.e., a couple who lives or has lived together under the same roof when they are related by marriage, consanguinity or through a relationship in nature of marriage, adoption or are family members living together as a joint family. The Hon’ble Supreme Court had held that a phrase i.e., ‘through a relationship in nature of marriage’ used in a domestic relationship is wide enough to encompass the live-in relationship. Moreover, Section 2(q) of the Protection of Women from Domestic Violence Act (PWDVA), 2005 defines ‘Respondent’ and proviso with Section 2(q) of the Protection of Women from Domestic Violence Act (PWDVA), 2005 states that a female living in a relationship in nature of a marriage may also file a complaint against a relative of the husband or the male partner. Therefore, relief such as protection order, residence order, right to reside in a shared household, monetary relief, compensation order etc. may be invoked by the aggrieved woman who is in the live-in relationship under this act.
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