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Adv. Chandrasekhar (Advocate)     30 November 2013

The woman in livein relationship

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. 


 5 Replies

Ranee....... (NA)     30 November 2013

Many members in this forum provides green signal to  separated non-divorced husbands when they ask for advice  whether they can have live in relations with their female partners without divorce.They should go through this judgement and modify their knowledge.

I have seen many practicing lawyers giving such advice.At least they should study the matter before replying to such queries.

Tajobsindia (Senior Partner )     01 December 2013

ref. to appeal point (b) which this SLP concerns about, I must add my word as follows for one and one only;

@ Ranee.......


Remove your usual rainbow glasses and first read page 8 as to what Hon'ble HC set-asides and then page 61 onwards as to what conclusions in presented facts in case of point (b) aka unmarried women vis-à-vis married men’s social acts of omissions-commissions Hon'ble SC reasons out quite well before dismissing concerned SLP of the lady and before commenting further upon Advocate's advice on live-in relations in all such reference queries here in LCI.

Till all such un-married women opt-in to such live-in relationships with their wide open eyes they still be called as ‘keeps’ aka ‘mistresses’ and history since mythological memory lanes are proof to such relationships that exists in this part of Asia which this SLP un-fortunately choose not to comment upon even with vehement spirited arguments and extensive research materials put by our ld. brother Nikhil Majithia before the Hon’ble Bench.

1 Like

alia_alian (journalism)     01 December 2013

Tajobsindia was absent in the forum for long time...he came back when live-in relation and concubine was in discussion.So thing is that he comes here just to reply the topic of his choice and interest!

ASHOK (trainer)     02 December 2013

I regard Tajobsindia an expert of erudite expertise very sharp, learned, experienced and knowledgable expert and whose counsel can always be trusted as it is based on appropriate law footing. I always appreciate his replies. 

Not only in this case( as it is said that the topic probably might be of his interest), but he comments on all topics. Today only he has commented and opined on my topic also which is diffrent than the present one. Hats off to Tajobsindia. I am his fan and intend to meet him.



Tajobsindia (Senior Partner )     02 December 2013

@ Alia_Alian

You may be a muse to many here but it amuses me to see you not following your own fraternity’s Goa’s episode instead wagging tail in my replies with no reason or rhyme. You time pass elsewhere as person wearing rainbow glasses donot impress me at all.

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