The Right Of Maintenance Of A Female Live In Partner Under The Domestic Violence Act 2005: A Critical Study Of Judicial Approach
- IJLLR Journal
- Aug 20
- 2 min read
Dr. Amruta Sirpurkar, Asst. Professor Satpura Law College, Chhindwara, M.P.
ABSTRACT
In a male dominated Indian society, a woman is very often found to have been subjected to cruelty, physical as well as mental, even in the place of her residence at the hands of her own people. To protect women from such domestic violence, “The Protection of Women from Domestic Violence Act, 2005” was brought into existence. The Act provides for various reliefs in the form of residence orders, protection orders as also certain monetary reliefs to a woman victim of domestic violence of any kind. Under the Act, a relationship between a man and a woman living together in ‘a marriage-like relationship’ is considered as “a domestic relationship”. Therefore a female live-in partner- victim of domestic violence can very well claim monetary relief in the form of maintenance under sec.12 read with sec. 20 of the Act.
The article attempts to put forth critical study of the approach adopted by the Judiciary in refusing the claim of maintenance under the Domestic Violence Act to a female live-in partner in a bigamous relationship which she, having been aware of its bigamous nature, enters into.
In a male dominated Indian society, a woman is very often found to have been subjected to cruelty, physical as well as mental, even in the place of her residence at the hands of her own people. To protect women from such domestic violence, “The Protection of Women from Domestic Violence Act, 2005” was brought into existence. The Act provides for various reliefs in the form of residence orders, protection orders as also certain monetary reliefs to a woman victim of domestic violence of any kind.
The “aggrieved person”, who can apply before the Magistrate under this Act to seek certain monetary reliefs, according to its definition given under sec.2(a) means any woman who is, or has been, in “a domestic relationship” with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. Since a relationship between a man and a woman living together in “a marriage-like relationship” is considered as “a domestic relationship” under sec. 2(f) of the Act, a female live-in partner can very well claim monetary relief in the form of maintenance under sec.12 read with sec. 20 of the Act.
