Indra Sarma vs. V.K.V. Sarma, MANU/SC/1230/2013 [1]
Background: The Supreme Court, in this case, was concerned with the question whether a “live-in relationship” would amount to a “relationship in the nature of marriage” falling within the definition of “domestic relationship” under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 (for short “the DV Act”) and the disruption of such a relationship by failure to maintain a woman involved in such a relationship amounts to “domestic violence” within the meaning of Section 3 of the DV Act.
GUIDELINES:
The guidelines, of course, are not exhaustive but will definitely give some insight into such relationships.
(1) Duration of period of relationship
Section 2(f) of the DV Act has used the expression “at any point of time”, which means a reasonable period to maintain and continue a relationship that may vary from case to case, depending upon the situation.
(2) Shared household
Under Section 2(s) of the DV Act, the expression has been defined and, hence, needs no further elaboration.
(3) Pooling of Resources and Financial Arrangements
Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or the name of the woman, long-term investments in business, shares in separate and joint names, so as to have a long-standing relationship, may be a guiding factor.
(4) Domestic Arrangements
Entrusting the responsibility, especially to the woman, to run the home, and do the household activities like cleaning, cooking, maintaining or keeping the house, etc., is an indication of a relationship in the nature of marriage.
(5) Sexual Relationship
Marriage, like a relationship, refers to sexual relationships, not just for pleasure, but for emotional and intimate relationships, for procreation of children, to give emotional support, companionship and material affection, caring etc.
(6) Children
Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long-standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.
(7) Socialisation in Public
Holding out to the public and socialising with friends, relations and others as if they are husband and wife is a strong circumstance to hold the relationship in the nature of marriage.
(8) Intention and conduct of the parties
The common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship.
[1] MANU/SC/1230/2013
