Court affirms relief under the Domestic Violence Act despite absence of legal proof of marriage.
In a significant ruling, the Bombay High Court's Aurangabad Bench has upheld the decision of a lower court to grant maintenance to a woman under the Protection of Women from Domestic Violence Act, 2005, despite the absence of legal proof of marriage. The judgment was delivered by Justice Abhay S. Waghwase, in response to two revision applications challenging a prior order by the Judicial Magistrate First Class (JMFC), Aurangabad.
The case involved Janardhan, the applicant, and Rekha, the respondent, who claimed to have been in a "relationship in the nature of marriage" with Janardhan. Rekha, along with her son, filed a complaint under Section 12 of the Domestic Violence Act, alleging that Janardhan had physically and mentally abused her and failed to provide for her and their son. Despite Janardhan's denial of the marriage and paternity, the JMFC had initially ordered Janardhan to pay maintenance, which was later increased by the First Appellate Court.
The High Court, citing the progressive intent of the Domestic Violence Act, emphasized that relief can be granted based on a relationship resembling marriage, even in the absence of formal legal recognition. The court recognized that Rekha had presented sufficient evidence of cohabitation and a shared household with Janardhan, including photographs, official documents, and testimonies.
In its judgment, the court also referenced several Supreme Court cases, including Chanmuniya v. Virendra Kumar Singh Kushwaha and Lalita Toppo v. State of Jharkhand, which support the view that women in relationships akin to marriage are entitled to protection and maintenance.
The court dismissed the revision applications filed by both parties, affirming the maintenance order as a means to protect women from domestic violence and ensure their financial security.
Bottom Line:
Protection of Women from Domestic Violence Act, 2005 - Reliefs under the Act can be granted even in absence of legal proof of marriage, provided there is sufficient material to suggest a "relationship in the nature of marriage.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Section 12, Section 2(f), Section 2(a), Criminal Procedure Code, 1973 Section 397
Janardhan v. Rekha, (Bombay)(Aurangabad Bench) : Law Finder Doc id # 2854010
