Chhattisgarh High Court Affirms DV Act Protections for Women in Live-In Relationships Without Knowledge of Prior Marriages
Last Updated on October 16, 2024 by Srijan Raj
The Chhattisgarh High Court, led by Justice Narendra Kumar Vyas, ruled that the DV Act applies to live-in relationships, particularly when the woman is unaware of the man’s prior marital status.
The court dismissed the man’s reliance on the Indra Sarma case, stating that in this case, the woman had no knowledge of the man’s previous marriage, making her eligible for protection and maintenance under the DV Act. The relationship fell within the ambit of a domestic relationship, as defined by the DV Act. The respondent’s lack of knowledge regarding the man’s first marriage, coupled with their cohabitation and the birth of a child, entitled her to legal protections.
The High Court reinforced that women in such relationships have a right to seek maintenance if they were led to believe they were in a legitimate domestic arrangement. The court awarded the woman and her child Rs. 4,000 and Rs. 2,000, respectively, as reasonable and appropriate, given the man’s employment and income as a government forest guard.
The court dismissed the man’s plea, upholding the orders of the Judicial Magistrate First Class and the Second Additional Sessions Judge. This judgment reinforces the legal protections for women in live-in relationships, particularly when they are unaware of the man’s prior marital status.
