The Kerala High Court has recently held that women involved in live-in relationships have the right to file domestic violence cases under the provisions of the Protection of Women from Domestic Violence Act.

In the recent matter, the division bench of Justices Anil K Narendran and PG Ajithkumar emphasized that any woman who becomes a victim of any form of violence perpetrated by a man with whom she shares a domestic association has the right to initiate legal proceedings under the Domestic Violence Act.

"From the above definitions, it is possible for a woman alone seeks reliefs under the D.V. Act. Further, a female living in a relationship in the nature of a marriage also eligible to seek reliefs under the D.V.Act...It may be noted that going by the definition of the respondent in Section 2(q) of the D.V. Act, a female living in a relationship in the nature of a marriage, in other words, living-in-relationship may also file an application under Section 12 of the DV Act," the Court observed.

Case Brief -

 In the said matter, the Court was examining an appeal lodged by a man seeking the transfer of a case initiated against him under Section 12 of the DV Act, which was currently under the jurisdiction of a Magistrate, to a family court.

The Court noted that according to the Act, a domestic relationship is described as a connection between two individuals who either currently reside together in a shared residence.

This relationship can stem from blood relations, marriage, a relationship akin to marriage, adoption, or being members of a joint family dwelling together.

Recognizing that the Domestic Violence (DV) Act is legislated to enhance the protection of women's rights as guaranteed by the Indian Constitution, the High Court expressed the viewpoint that allowing the accused party to transfer a case initiated against them by a woman to a family court or civil court could be disadvantageous to her.

The Court also pointed out that transferring an application under Section 12 to a family court would lead to an arbitrary classification, as family courts are exclusively authorized to address disputes among married parties. This exclusion would leave out women engaged in live-in relationships.

Based on these considerations, the Court concluded that applications under Section 12 of the DV Act should not be moved from a Magistrate's jurisdiction to a family court.

As a result, the appeal was dismissed.