Whether the woman in live=in relationship can invoke D.V. Act to get reliefs like maintenance, residential rights etc. available therewith?
In this week, the hon’ble Supreme Court embarked upon to explain the difference between the live=in relationship and the relationship in the nature of marriage and clarified that both are not same and only some women partners in live=in relationship are entitled to avail DV benefits. The classification made out by the S.C. is as follows:
Domestic relationship between:
(a) an unmarried adult woman and unmarried adult male
(b) unmarried woman and a married adult male knowing his marriage
(c) married adult woman and unmarried adult male
(d) unmarried woman unknowingly enters into a relationship with a married adult male
In the case of women falling in the category of (a) and (d) can invoke DV Act. In the case of category (c), the woman cannot avail the benefit of DV Act. But the question lies whether the woman in category of (b) can avail DV Act or not? The S.C. laid down certain tests to find out the relationship. If there is emotional relationship beyond the physical relationship, sharing of emotions, finances etc. and presenting themselves before the society just like a married couple etc. if such situation is there, then such woman partner of live=in relationship can invoke DV Act, even though male partner has another wife and family living with him.
It is a fact that to protect the women and provide property rights several Acts and provisions such as S. 125 Cr.P.C. S.498 A, S. 304 B, Dowry Prohibition Act, Hindu Succession Act, prohibition of bigamy, DV Act have been passed, but to circumvent these beneficial provisions, some men have started to resort to live=in relationship in the place of customary marriage depriving the women of the beneficial legislations. So, the courts have been trying to extend the beneficial provisions even to the female partners of the live in relationships to nullify the wily and crafty machinations of some men. Finally, the S.C. in its verdict directed the Govt. to make appropriate amendments in DV Act to bring the livein woman partner in the purview of the Act to derive benefits of the Act. Full judgment is enclosed herewith.
