Answer By law4u team
The term domestic relationship is a key concept under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). It defines the scope of individuals between whom domestic violence can be claimed and against whom protection can be sought. Understanding this definition is crucial for identifying who qualifies as a respondent in domestic violence cases.
How Is The Term Domestic Relationship Defined Under The Act?
1. Statutory Definition (Section 2(f) of PWDVA)
Domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, and are related by:
Consanguinity (blood relation), or
Marriage, or
Adoption, or
Family relationship.
2. Types of Relationships Covered
Spouses (husband and wife)
Relatives by blood or marriage, including in-laws and extended family members living in the same household
Persons in live-in relationships who share a household
Adoptive family members
3. Shared Household Requirement
The relationship must involve living together or having lived together in a shared household, which can be owned or rented.
This emphasizes that the abuse must occur within a domestic or familial setting.
4. Purpose of Definition
To extend protection not just within marriage but to wider family or household contexts where women face violence.
To enable women to file complaints against a broad range of abusers living in the same domestic environment.
Consumer Safety Tips
Clearly identify the relationship and shared household status when filing a complaint.
Gather evidence of cohabitation or family ties if needed.
Consult Protection Officers for clarifying relationship definitions in your case.
Understand that domestic violence protection applies beyond just husband-wife relationships.
Use the definition to ensure all perpetrators in the household can be held accountable.
Example
Scenario:
Meena faces abuse not only from her husband but also from her mother-in-law and brother-in-law living in the same house.
Actions Meena Can Take:
File a domestic violence complaint against all members of the shared household who are related by marriage or blood.
Cite the definition of domestic relationship to include these relatives.
Request protection orders against multiple respondents.
Seek comprehensive relief covering all perpetrators living in the household.
This broad definition helps Meena access protection from all abusive family members under the Act.
