Women can file a domestic violence case even in a living together relationship: Kerala High Court

Kochi (Kerala): The Kerala High Court has held that women can file a case under the Domestic Violence Act even in a living together relationship. A division bench comprising Justices Anil K Narendran and PG Ajith Kumar observed that if there is any kind of harassment from the man living with her, the woman can start proceedings under the Domestic Violence Act.

Protection of Women from Domestic Violence Act defines a domestic relationship as any relationship between two persons, whether by marriage or not, with mutual consent, for a specified period, who share material facilities. For that reason, if a woman is abused by a man while living together without legal marriage, it will come under the scope of domestic violence law.

A woman who continues a relationship similar to marriage can take legal action under section 12 of the Domestic Violence Act. The court was considering the appeal filed by one Vineet Ganesh, a resident of Mumbai. The plea sought to transfer the case under the Domestic Violence Act from the Magistrate's Court to the Family Court. The court also held that changing the complaint filed against the partner by the court as per his request would harm the woman. The Division Bench then dismissed the appeal.

The High Court had earlier held that in living together relationships, partners cannot legally seek divorce. The court also made it clear that couples living together are not recognized by the law and cannot legally seek divorce. Living together cannot be considered a marriage relationship. Only marriages performed as per the law or the Special Marriage Act are legally valid. A division bench comprising Justices Sophie Thomas and Muhammad Mushtaq observed that only such marriages are valid for legal separation.

Partners belonging to Hindu and Christian communities, who have been living together since 2006 had approached the Ernakulam family court seeking divorce by mutual consent. The family court refused to grant the divorce, holding that the couple were not legally married. Later they filed an appeal regarding this in High Court. The High Court also observed that 'divorce' means the legal separation of a legally contracted marriage and dismissed the appeal.