Unit 5 notes

Live in

STATUS OF LIVE-IN –RELATIONSHIP IN INDIA  Live-in-relationship- relationship in nature of marriage

where couple reside together for considerable period of time where society might see them as
married couple. It is a walk in and walk out kind of a relationship. (Alok Kumar v. state &anr, 2010
SCC OnLine Del 2645)

 There are no strings attached , any of the parties can end the relationship at any point of time
without reason and without the consent of other party.

Mohabbat Ali v Ibrahim Khan (1929 PC) – wife in old home, husband met new woman in Calcutta,
lived together for 12 years, after death, 2nd women wanted property rights, pc allowed as polygamy
allowed in islam, check name if noor ul khan or Ibrahim khan

Badri prasad v. Dy Director Consolidation ( AIR 1978 SC 1557- prolonged cohabitation gives
presumption in favout of marriage under section 114 of evidence act

 The phrase Live in Relationship was first time used in the case – Payal sharma V Supritendent Nari
niketan ( AIR 2001 All 254).

 Lata Singh V State of UP, (AIR 2006 SC)- major girl can live with anyone she likes.

 S. Khushboo vs kanniammal & an (2010 SC)- PRE-MARITAL SEX OR LIVE IN NOT ILLEGAL. may be
immoral

 D. Veluswamy V D. Patchaiammal (2010 SC)- for a valid Live in relationship- certain featires

1. Must behave as husband and wife in front of society

2. Regarded as married couple in eyes of society

3. Voluntarily Sharing household for considerable period of time

4. No legal impediment if wanted to get married.

 Indira Sharma V VKV Sharma (2014 SC) – gave more guidelines and that live in only possible when
both the parties are unmarried. Also gave added criterion as

1. Duration of period is important

2. Shared household

3. Pooling of resources and financial arrangements

4. Domestic arrangement

5. Sexual relationship for emotional need- procreation of children

6. Having children

7. Socialization in public

8. Intention and conduct of the parties.

Status of children

 Tulsa v. Durghatiya (2008 SC)- children born out of live in relationship are legitimate but only for
their parents. – entitled to property of the parents not any other relatives

 Same reiterated in case of Madan Mohan v. Rajnikant (2010 SC)- no share in ancestral property

Right Maintenance to women Partner

 Before the enactment of Domestic Violence Act 2005, providing maintenance to liv in partner were
quite difficult as both the secular law (section 125 crpc) as well Personal laws take into account only
wife and divorced wife. So the position of live in partner was very precarious. Now the live in partner
has been recognised as domestic partner and given maintenance under the DV act 2005.

DV ACT

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005

 DEFINITIONS

A) aggrieved person” means any woman who is, or has been, in a domestic relationship with
the respondent and who alleges to have been subjected to any act of domestic violence by
the respondent; (section v2 (a)

Lalita Toppo v. State of Jharkhand (2018 SC) include live in partner and estranged wife

D Veluswamy v D. Patchaiammal and Indira Sharma - conditions(given above under live in)

A) “domestic relationship” means a relationship between two persons who live or have, at any
point of time, lived together in a shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage, adoption or are family
members living together as a joint family; (section 2 (f)

 Shared household means a household where the person aggrieved lives or at any stage has
lived in a domestic relationship either singly or along with the respondent and includes such a
house hold whether owned or tenanted either jointly by the aggrieved person and the
respondent, or owned or tenanted by either of them in respect of which either the aggrieved
person or the respondent or both jointly or singly have any right, title, interest or equity and
includes such a household which may belong to the joint family of which the respondent is a
member, irrespective of whether the respondent or the aggrieved person has any right, title or
interest in the shared household.

1. SR Batra v. Tarun batra (2006 SC)

 2. Vimlaben Ajit Bhai Patel V Vatslaben Ashokbhai Patel ( 2008 SC)

3. Satish Chandra Ahuja V Sneha Ahuja (2020 SC)

 respondent” means any adult male person who is, or has been, in a domestic relationship with
the aggrieved person and against whom the aggrieved person has sought any relief under this
Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage
may also file a complaint against a relative of the husband or the male partner

1. Sandhaya Wankhade v. Manoj Wankahde (2012 SC)

2. Hiralal P harsora v Kusum harsora (2016 SC)

Meaning of Domestic Violence  any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it— (a) harms or injures or endangers the health, safety, life,
limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

 (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or
valuable security; or

 (c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or
mental, to the aggrieved person.

 Include in its ambit

1. Physical

2. Sexual

3. Verbal and emotional

4. Economic abuse
RIGHTS AVAILABLE TO THE WOMEN

 UNDER SECTION 12- APPLICATION TO THE MAGISTRATE

 RIGHT TO RESIDE IN SHARED HOUSEHOLD (S17

(1) Notwithstanding anything contained in any other law for the time being in force, every woman in
a domestic relationship shall have the right to reside in the shared household, whether or not she
has any right, title or beneficial interest in the same.

(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of
it by the respondent save in accordance with the procedure established by law.

1. SABITA BURGES V MARK BURGES 2013 BOM 2.

2. UMA NARAYAN V PRIYA PRASAD 2008 MAD 3.

3. BABU VENKATESH V RAVI 2012 MAD

1. ROMA TIWARI V RAJESH TIWARI 2017 BOM

 ALTERNATE RESIDENCE

1. AJAY KUMAR V BALJEET KAUR (2009 deL )

2. SHAACHI MAHAJAN V SANTOKHI (DEL 2018)

1.BINITA DAS V UTTAM KUMAR (2019 DEL)- MONETARY RELIEF CANNOT BE DENIED ON THE
GROUND THAT WIFE IS EDUCATED OR HAS EARNING CAPACITY- REITERATED BY COURT IN

2.MEGHA KAHNDELWAL V RAJAT KHANDELWAL (2019 SC)

3. SADHNA V HEMANT (2019 bom) DIVORCEE NOT ENTITLED TO GET RELIEF UNDER THE ACT

4. VIJAYRAM DATTRAM NAIK V VISHRANTI VIJAYNAND NAIK (2019)- IN ABSENCE OF PROOF OF

DOMESTIC VIOLENCE NO ORDER OF MAINTENANCE CAN BE ORDERED

 CUSTODY ORDERS (S 21)Notwithstanding anything contained in any other law for the time being in
force, the Magistrate may, at any stage of hearing of the application for protection order or for any
other relief under this Act grant temporary custody of any child or children to the aggrieved person
or the person making an application on her behalf and specify, if necessary, the arrangements for
visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that
any visit of the respondent may be harmful to the interests of the child or children, the Magistrate
shall refuse to allow such visit.

 COMPENSATION ORDERS (S 22) In addition to other reliefs as may be granted under this Act, the
Magistrate may on an application being made by the aggrieved person, pass an order directing the
respondent to pay compensation and damages for the injuries, including mental torture and
emotional distress, caused by the acts of domestic violence committed by that respondent.

PROTECTION OF LIVE IN PARTNER

1. KAMINI DEVI V STATE OF UP (2006)

2. PRIYA PREET V STATE OF PUNJAB (2020)

3. GURINDER SINGH V STATE OF PUNJAB (2021