Answer By law4u team
Domestic violence traditionally refers to violence or abuse that occurs within a marital relationship or cohabiting partnership. However, as societal norms evolve, it is increasingly recognized that abuse can occur in various types of relationships, including those where the parties are non-cohabiting or not married. Non-cohabiting partners, such as those in dating relationships, separated but not divorced, or individuals in long-term relationships who live apart, can also be victims or perpetrators of domestic violence.
In India, the Protection of Women from Domestic Violence Act (PWDVA), 2005, was enacted to provide legal protection against domestic violence, including physical, emotional, and sexual abuse. This law has been interpreted to cover not only those in married relationships or live-in relationships, but also non-cohabiting partners who may be subject to domestic violence.
Legal Provisions for Non-Cohabiting Partners in Domestic Violence:
Protection of Women from Domestic Violence Act (PWDVA), 2005:
The Protection of Women from Domestic Violence Act (PWDVA) offers a broad definition of domestic violence and provides legal remedies for women experiencing various forms of abuse, including emotional, physical, and sexual violence. Importantly, the law extends protection to women in relationships in the nature of marriage, which includes live-in relationships.
Section 2(f) of the PWDVA defines domestic relationship as a relationship between two persons who live or have lived together in a shared household. This provision does not limit the scope of protection to only legally married couples; it also covers women in long-term, non-cohabiting relationships where they have shared a domestic or emotional bond.
Non-cohabiting partners who have been in an intimate relationship that was akin to marriage or involved a pattern of abuse can seek relief under the PWDVA. The law allows these individuals to file for protection orders, residence orders, and monetary relief even if they do not live together or are not married.
Scope of Domestic Relationship:
In the Supreme Court ruling in Khushboo v. Kanniammal (2010), the Court clarified that a domestic relationship for the purposes of the PWDVA does not require the parties to be living together at the time of the abuse. The Court recognized that non-cohabiting partners who were in a committed relationship could also be covered under the law. This ruling made it clear that the protection available under the PWDVA extends to dating relationships, long-term relationships, and even abuse that happens after separation.
Domestic Violence Beyond Marriage:
The PWDVA does not restrict itself to just married women or those living together. Women in long-distance relationships, separated but not divorced, or non-cohabiting relationships where abuse or violence occurs, can approach the Family Court or Magistrate's Court for legal relief.
Domestic violence can include emotional abuse, verbal harassment, threats, cyber harassment, and mental cruelty, which often occurs in non-cohabiting relationships as well.
Live-in Relationships and Domestic Violence:
In cases of live-in relationships—where the partners are not legally married but live together in a marital-like arrangement—Indian courts recognize such relationships under the PWDVA. The law provides the same protection as it would in a marriage, including the ability to seek protection orders and residence orders in case of violence.
Separate but Not Divorced Partners:
Even if two individuals are legally separated but have not yet finalized their divorce, if there is domestic violence or abuse involved, the law still provides avenues for legal recourse. Non-cohabiting spouses can seek protection if they are still suffering from domestic abuse, including physical, psychological, or sexual abuse.
Types of Abuse Addressed in Non-Cohabiting Relationships:
Physical Abuse:
If a non-cohabiting partner is physically assaulted or threatened with physical harm, they can seek protection under the PWDVA. Threats of violence or actual harm, even if not occurring in the home or while living together, are covered.
Emotional and Psychological Abuse:
Emotional abuse—such as threats, humiliation, constant criticism, and intimidation—is considered a form of domestic violence under the PWDVA. Non-cohabiting partners who experience these forms of abuse are protected under the law.
Economic Abuse:
Economic abuse, including the control of finances, withholding money, or preventing the partner from accessing their own money or assets, is a form of domestic violence that applies in non-cohabiting relationships as well.
Sexual Abuse:
Even in non-cohabiting relationships, sexual abuse, coercion, and violence can be grounds for domestic violence claims. Victims can seek protection orders and monetary relief in such cases.
Legal Remedies for Non-Cohabiting Partners:
Protection Orders:
Victims of domestic violence from non-cohabiting partners can approach the Magistrate's Court for a protection order under the PWDVA. The court may issue orders to stop the abuser from contacting or approaching the victim, including through digital threats or intimidation.
Monetary Relief:
Victims of domestic violence, whether cohabiting or non-cohabiting, can seek monetary relief to compensate for emotional distress or any economic losses suffered due to the abuse. This may include compensation for mental suffering, medical expenses, or loss of earnings.
Residence Orders:
If the abuse is threatening the victim’s safety, the victim can request the court to issue residence orders to protect the victim, allowing them to stay in a safe environment away from the abuser.
Counseling and Rehabilitation:
The Magistrate may also refer both the victim and the abuser to counseling or rehabilitation services to address the root causes of the abuse and help both parties heal.
Example:
Example: A woman, Priya, has been in a long-term relationship with Vikram, but they have been living apart for the past year due to personal differences. Despite living separately, Vikram continues to send her threatening and abusive messages, calling her derogatory names and threatening to harm her if she tries to move on. Priya feels intimidated and is emotionally distressed.
She approaches the Family Court and files a complaint under the Protection of Women from Domestic Violence Act (PWDVA). The court, after considering her testimony and the evidence of abusive communication (e.g., text messages), issues a protection order preventing Vikram from contacting Priya. The court also grants her monetary relief for emotional distress caused by the abuse. In this case, even though they are not living together, Priya’s mental and emotional suffering was acknowledged as domestic violence.
Conclusion:
Indian law, under the Protection of Women from Domestic Violence Act (PWDVA), does indeed provide legal protection for women who experience domestic violence, regardless of whether the partners live together or are legally married. This includes cases involving non-cohabiting partners, such as those in dating relationships, long-term relationships, or separated but not divorced individuals. Domestic violence in such relationships, including physical, emotional, and psychological abuse, is recognized by law, and victims can seek protection orders, monetary relief, and residence orders. The law aims to ensure that all individuals, regardless of their living arrangements, have access to legal remedies and protection from violence.
