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Can the Act be used against live-in partners?

20-Jul-2025
Domestic Violence

Answer By law4u team

Yes, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) can be used against live-in partners. Legal Provisions: Section 2(f) defines a domestic relationship to include relationships “in the nature of marriage.” This covers live-in relationships where the woman and man lived together as if married, even if not legally married. Conditions: The woman must prove: The relationship was stable and continuous, They lived together in a shared household, It was not a casual or one-night relationship. Key Court Rulings: Indra Sarma v. V.K.V. Sarma (2013) – The Supreme Court held that a woman in a relationship "in the nature of marriage" is entitled to protection under the Act. Chanmuniya v. Virendra Singh (2010) – Held that even in the absence of formal marriage, a woman in a live-in relationship may claim maintenance. Reliefs Available: Protection from abuse (physical, emotional, economic, sexual) Right to residence Maintenance Custody of children Compensation for mental and emotional distress Conclusion: A woman in a genuine live-in relationship that resembles marriage can invoke the Domestic Violence Act against her partner if she suffers abuse. The law is meant to protect women in vulnerable relationships, regardless of formal marital status.

Answer By Anik

Dear Client, Depending on the circumstances, live-in relationships may be subject to some Indian laws: Women who experience abuse or violence in live-in relationships are also protected by the Protection of Women from Domestic Violence Act of 2005 which specifically defines marriage as a relationship. General provisions pertaining to assault, criminal breach of trust or cheating may also be applicable under the Indian Penal Code under certain conditions. Courts however make a distinction between short-term partnerships and marriage-like relationships. Legal protections under special laws such as the DV Act are only available to the latter. So even though they are not married, live-in partners may still be able to get protection under Indian law in some situations. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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