Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 (f) of the Act, the relationship of parties living together through a relationship in the “nature of marriage” would also fall within the definition of domestic relationship,” Justice Amit Mahajan said. The Court set aside a sessions court order allowing a husband's appeal and setting aside an MM court order dismissing wife's application questioning the maintainability of the complaint under Section 12 of the DV Act.The wife filed a complaint alleging that the marriage between her and the man was solemnised in 2006, after which she resided with him at her matrimonial home for almost seven years, where she was subjected to cruelty. However, the marriage was disputed by the husband on the basis of various documents mentioning that the woman was first married to his brother and after the execution of the Friendship Agreement, the marriage between him and the woman was solemnised. It was the woman's case that after solemnisation of marriage, the man later informed her that he was already married to another woman, had a child with her woman and a matrimonial litigation in this regard was pending. Setting aside the impugned order, the Court noted that even though the husband had relied upon certain agreement to show that the parties had entered into an alleged friendship and disputed the marriage by producing alleged marriage certificate between the woman and his brother, the same cannot be accepted as a gospel truth at the initial stages.It was observed that the allegation clearly pointed towards the allegation of domestic violence while the woman lived in a shared household for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage. The Court restored the complaint case before the Family Court and directed that the matter be proceeded in accordance with law. Title: X v. YCitation: 2025 LiveLaw (Del) 31Click here to read order

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Nupur Thapliyal

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