live in relation dometic violence: Women in live-in relationships can also file domestic violence cases: High Court

In an important ruling, the Kerala high court has clarified that women engaged in live-in relationships are also entitled to seek legal recourse under the Protection of Women from Domestic Violence Act (DV Act). As per a TOI report, the division bench, comprising Justices Anil K Narendran and PG Ajithkumar, ruled that female victims of various forms of violence perpetrated by men with whom they share a domestic relationship can initiate legal action under the DV Act.

The bench further highlighted that the DV Act’s scope encompasses relationships wherein two individuals have either cohabited in the past or currently reside in the same shared household. These relationships extend to connections rooted in consanguinity, marriage, relationships akin to marriage, adoption, or those sharing joint family dynamics.

The court’s pronouncement emerged during the evaluation of an appeal submitted by a man seeking to transfer a case, filed against him under Section 12 of the DV Act and pending before a magistrate, to a family court. The high court, however, declined his request.

Stressing the DV Act’s fundamental aim to bolster the protection of women’s rights enshrined in the Constitution, the court underscored that allowing the accused party to shift the case’s jurisdiction to a family or civil court could disadvantage the woman. The court’s stance reinforces the principle of providing effective legal remedies to victims of domestic violence, irrespective of their relationship status.