Married Woman living with another Man can’t get Domestic Violence Act relief: Court

 

Not all live-in relationships are domestic relationships under the Domestic Violence Act and a married woman’s cohabitation with another man is not a bond that would entitle her to relief under this law, a Sessions Court here has observed.

The Mirzapur rural court quashed summons issued to a man & his family after it emerged that the woman who alleged domestic violence was married during the period in which she alleged to have lived with her partner.

While the woman claimed to be in cohabitation with the man, her previous marriage was subsisting during that period, the court noted. It cited a Bombay High Court order that all live-in relationships do not amount to a relationship in the nature of marriage to get the benefit of the DV Act. If the woman is married, she cannot enter a domestic relationship with another man under Section 2(f) of DV Act.

The court quoted more citations & said: “Status of such woman may be of concubine or mistress but same would not entitle her for protection under DV Act.”

The woman had filed a complaint under DV Act alleging that her “husband, brother-in-law & mother-in-law” were ill-treating her after their marriage in 2018. A magisterial court took cognisance of her plaint & issued summons to the man & his family on March 21, 2022. The litigants are from Bhadaj village.

 

The man challenged before a sessions court the summons & trial court’s cognisance of the complaint. He denied a marital relationship. He placed before the court a notarised divorce deed drawn up between the woman & her earlier husband. He argued that while the woman was married till 2022, she could not have been his wife in 2018.

The woman’s lawyer submitted that there were multiple litigations between the couple, including an FIR alleging rape, but they resulted in a compromise. He insisted that this showed that there was a live-in relationship. He also argued that the man always kept the marriage concealed. The woman, however, could not provide any evidence for this. 

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(With input from news agency language)

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