Optional Grouping: Nature of Domestic Violence

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

In order to seek relief for domestic violence under the law, you need to prove that you have a domestic relationship with the harasser. A domestic relationship means that you are related in any of the following ways with your harasser:

• Related by blood. For example, any relative, like your uncle, your sister, your father, etc.
• Related by marriage. For example, your husband, your sister-in law, your brother-in law, etc.
• Relationship that is similar to the nature of marriage, like your live-in partner.
• Related by adoption. For example, your step-father, your step-brother, etc.
• Related by virtue of living together as a joint family. For example, in a joint family, you can complaint against all members of the family such as your father, brother/sister-in-law, uncle/aunt, grandmother/father etc.

To go to Court, you also have to prove that you and the harasser currently live, or have lived in the past, in a shared household.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger. With the help of the law¹, you can:

• Prevent further violence by getting immediate protection. To get immediate protection, you can approach different authorities, such as the police, protection officer, etc.
• Go to Court for:
  • Remedies such as monetary compensation, getting a place to stay etc.
  • Filing a criminal complaint to punish your harasser

Kinds of Domestic Violence 

The kind of violence you face does not always have to be physical. The law also recognizes other kinds of domestic violence such as sexual violence, verbal abuse, emotional or mental abuse and monetary abuse. For example, if your brother-in-law threatens to throw you out of the house every day, this is a form of emotional abuse.

Frequency of Domestic Violence

Even a single act of violence can constitute domestic violence². You don’t have to endure domestic violence for a prolonged period of time to go to Court or seek help.

1. Form IV, The Protection of Women from Domestic Violence Rules, 2006.[↩]
2. Section 3, The Prohibition of Women from Domestic Violence Act 2005.[↩]

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

You live in a shared household with your harasser if you:

Have lived with the harasser 

In order to seek protection and relief, you must live, or have lived at some point of time, with your harasser in the household. However, it is not necessary that you are residing with your husband at the time of filing a complaint for domestic violence¹, or that you are residing with him when the violence took place.² You just need to have shared a household with the harasser at some point of time.

Have a domestic relationship with the harasser

In order to seek relief and protection from domestic violence, you need to have a domestic relationship with your abuser, in addition to having a shared household with them. For example, if you have lived with your mother-in-law in the same house, and you are being subjected to domestic violence, you can seek relief and protection, as it means that you had a domestic relationship with the harasser and lived with her in a shared household.

However, if you have merely lived in a shared household, but did not share a domestic relationship with the harasser, you cannot file a complaint against domestic violence. For example, if you have a servant who resides in your house, and he beats you up, you cannot file a complaint under this law against him, as you do not have a domestic relationship with him.

Have/do not have a legal share in the house

To claim relief and protection, it does not matter if you have a legal share in the house. This household can be owned/leased by either you, the harasser , or the both of you, and also includes households that belong to the joint family of which the harasser is a part, even if you do not have a legal right in it.

However, if the property is the exclusive, personal property of the parents-in-law, or any other relative of the harasser, you do not have a right to claim any share in that house, as that is not a shared household.³  However, the Court will ultimately decide whether or not to allow you to reside in a particular house according to the facts of the case, so you may be allowed to reside in a house owned by your mother-in-law in some cases.  See here for more details on residence orders.

Please note that it is not necessary that the violence has taken place only in the house where you reside; it can take place anywhere.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

1. Sejal Dharmesh Ved v. The State of Maharashtra and Ors 2014 ALL MR (Cri) 636; Rupali Devi v. State of Uttar Pradesh & Ors.  (2019) 5 SCC 384.[↩]
2. Lalita Toppo v. State of Jharkhand & Anr.  2018 (4) RCR (Criminal) 976.[↩]
3. S.R. Batra v. Taruna Batra (2007) 3 SCC 169.[↩]

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

You are in a live-in-relationship if you cohabit, i.e.  share a house with your partner without marrying him or her. It is considered a domestic relationship between an unmarried adult woman and an unmarried adult male who live or, at any point of time lived together in a shared household¹. Unlike a marriage, a live-in relationship is not legally regulated.. For example, you do not have to register the relationship, and  to end a live-in relationship, a divorce is not required, and you may end it in any manner you see fit.

A live-in relationships are considered valid under the law only if it is in the “nature of marriage” i.e. the relationship has some essential characteristics of a marriage, even if it is not legally recognized as a marriage. The courts, while pronouncing judgments on live-in relationships, compare them to marriages to  determine whether the relationship has the characteristics of a regular marriage¹.

Courts, through various cases², have laid down the conditions for live-in relationships to  be considered as relationships in the “nature of marriage”³. These are:

Duration of the Relationship

You and your partner must have voluntarily cohabited for a significant period of time, like months or years in a shared household. A few weeks,a weekend or a one night stand,  does not count as a live-in relationship.

Socialisation in Public

You and your partner should be socialising publicly with friends, relatives and others, as if you and your partner are husband and wife .

Age and Marital Status 

You and your partner should be able to qualify to enter into marriage i.e.neither  of you should have a spouse at the time of entering into the relationship, and both of you should be above the legally valid age of marriage i.e. 18 years.

Sexual Relationship

You and your partner must have a sexual relationship that includes emotional and intimate support2.

Financial Arrangement 

You and your partner have a financial arrangement similar to that of a husband and wife. For example, you have pooled in your resources together or financially support each other, such as through shared bank accounts, assets in joint names, long term business investments, etc.

Domestic Arrangement

If one of you, especially the woman, is entrusted with the responsibility to run the household and do domestic work – cleaning, cooking, upkeep of the house, etc. then this is a domestic arrangement similar to a marriage.

Intention and conduct of the parties

Common intention of the parties as to what their relationship is and their respective roles and responsibilities, primarily determines the nature of that relationship.

Children

Having children is a strong indication that the nature of the relationship is similar to that of a marriage, and that the participants have a long-term orientation towards the relationship.

If the criteria given above are not met, then your relationship will not be a live-in relationship recognized by Courts.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

1. Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.[↩][↩]
2. Revanasiddappa v. Mallikarjun (2011) 11 SCC 1.[↩]
3. Badri Prasad v. Director of Consolidation  (1978) 3 SCC 527.[↩]