Protection of Women from Domestic Violence Act, 2005
A
B
- ss. 2(f) and 3 - "Live-in relationship" - If would amount to a "relationship in the nature of marriage" falling. within the
definition of "domestic relationship" u/s.2(f) - Failure to
maintain a woman involved in such a relationship - If amounts
to "domestic violence" within meaning of s.3 - Held: All live in-relationships are not relationships in the nature of marriage - On facts, appellant, an unmarried woman, entered into a
live-in-relationship with respondent knowing that he was
married person, with wife and two children, hence, the generic
proposition that where a man and a woman are proved to have
lived together as husband and wife, the law presumes that they are living together in consequence of a valid marriage
will not apply and, hence, . the relationship between the
appellant and the respondent was not a relationship in the
nature of a marriage, and the status of the appellant was that
of a concubine - Relationship of appellant and respondent had no inherent or essential characteristic of a marriage, and
did not fall within the definition of "domestic relationship" u/
s.2(f) - Consequently, any act, omission or commission or
conduct of the respondent in connection with that type of
relationship, would not amount to "domestic violence" u/s.3 - If any direction is given to the respondent to pay maintenance
or monetary consideration to the appellant, that would be at
the cost of the legally wedded wife and children of the
respondent, especially when they had opposed that relationship and have a cause of action against the appellant
for alienating the companionship and affection of the husband/parent which is an intentional tort - International Covenant on
Civil and Political Rights, 1966 (ICCPR) - Art. 23 - Universal
Declaration of Human Rights, 1948 - Art.16.