Court Recognizes Relationship in the Nature of Marriage, Allows Interim Maintenance to Continue
In a significant ruling, the Nagpur Bench of the Bombay High Court has delivered a nuanced judgment in the case of Pravin Satyanarayan Battulwar v. Meena Pravin Battulwar, addressing the complexities of relationships in the nature of marriage under the Protection of Women from Domestic Violence Act, 2005. The court partially quashed a complaint filed under the Act, dismissing allegations against several family members while allowing proceedings to continue against the primary petitioner, Pravin Satyanarayan Battulwar.
The judgment, delivered by Justice M.M. Nerlikar, centered around the interpretation of "relationship in the nature of marriage" under Section 2(f) of the Domestic Violence Act. The respondent, Meena Pravin Battulwar, had filed a complaint alleging domestic violence and had been granted interim maintenance by the trial court based on prima facie evidence of such a relationship, including the birth of a child.
The court examined the guidelines laid down by the Supreme Court in the cases of D. Velusamy v. D. Patchaiammal and Indra Sarma v. V.K. Sarma, which outline the criteria for establishing a relationship akin to marriage. Justice Nerlikar noted that the parties had been in a long-standing relationship, cohabited, and had a child, which strongly indicated a marriage-like relationship.
The court found that the prima facie evidence supported the allegations against Pravin Satyanarayan Battulwar, allowing the complaint against him to proceed. However, the court quashed the complaint against other family members, noting the absence of specific allegations against them.
The judgment underscores the importance of recognizing and providing legal remedies for relationships that, while not formally recognized as marriages, bear significant similarities and responsibilities. The court emphasized the need for evidence to be presented at trial to make a final determination on the nature of the relationship and the allegations of domestic violence.
The decision not to stay the order further highlights the court's commitment to ensuring that interim reliefs, such as maintenance, continue to support the respondent and her child during the ongoing legal proceedings.
Bottom Line:
Protection of Women from Domestic Violence Act, 2005 - Relationship in the nature of marriage - Prima facie evidence required to establish the relationship in the nature of marriage under Section 2(f) of the D.V. Act.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 - Section 12
