PRESUMPTION OF MARRIAGE IN LIVE-IN RELATIONSHIPS.

An insight to Apex Court’s Decision laying down the Parameters for considering a live in relationship, as a marriage.

D. Veluswamy v. D. Patchaiammal

In this Supreme Court verdict, a wider meaning to an “aggrieved person” under Section 2(a) of the Domestic Violence Act was conferred by the Supreme Court, wherein the Court enumerated five ingredients of a live in relationship as follows:

  1. Both the parties must behave as husband and wife and are recognized as husband and wife in front of society.
  2. They must be of a valid legal age of marriage
  3. They should qualify to enter into marriage e.g. None of the partner should have a spouse living at the time of entering into relationship.
  4. They must have voluntarily cohabited for a significant period of time.
  5. They must have lived together in a shared household.
    The Supreme Court also observed that not all live-in­-relationships will amount to a relationship in the nature of marriage to get the benefit of Domestic Violence Act. To get such benefit the conditions mentioned above shall be fulfilled and this has to be proved by evidence.

The Court in the case further stated that if a man has a ‘keep’ whom he maintains financially and uses mainly for sexual purpose and/or a servant it would not be a relationship in the nature of marriage.

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