The Kerala High Court has upheld a woman's right to seek protection under the Protection of Women from Domestic Violence Act (DV Act) even if she is in a live-in relationship.
A division bench comprising Justices Anil K Narendran and PG Ajith Kumar stated that a woman in a domestic relationship, whether marital or akin to marriage, can initiate proceedings under the DV Act if subjected to any form of harassment by the man she shares the relationship with.
The court's observation came during the consideration of an appeal filed by Vineet Ganesh, who sought to transfer a case against him under Section 12 of the DV Act from a Magistrate's Court to a Family Court. The court rejected the appeal, asserting that such a transfer could disadvantage the woman involved. It emphasized the Act's primary purpose to provide enhanced protection for women's rights guaranteed by the Constitution.
The DV Act defines a domestic relationship as a connection between two individuals living together or having lived together in a shared household. The relationship can be based on consanguinity, marriage, or a relationship similar to marriage, including adoption or living as joint family members.
The court highlighted the inclusive nature of the DV Act, indicating that it applies to women living in relationships that resemble marriage, commonly known as live-in relationships. The ruling clarified that women in live-in relationships can seek legal recourse under Section 12 of the Act.
Furthermore, the court addressed the question of transferring DV Act cases to Family Courts. It rejected the idea, stating that transferring cases would lead to an indiscriminate classification, as Family Courts primarily handle disputes between married parties. This would inadvertently exclude women in live-in relationships from seeking legal protection.
The High Court reaffirmed that the scope of the DV Act encompasses situations where women experience abuse or violence within domestic relationships, regardless of whether they are legally married or in a live-in arrangement.
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