INDRA SARMA versus V.K.V. SARMA

INDRA SARMA versus V.K.V. SARMA

Since the appellant knowingly entered into a live-in relationship with a married man, the relationship does not have inherent or essential characteristics of a marriage and does not fall within the definition of 'domestic relationship' under Section 2(f) of the DV Act; therefore, acts or omissions by the respondent do not amount to 'domestic violence' under Section 3 and the appellant is not entitled to reliefs under the Act.

Parties
Appellant: Indra Sarma; Respondent: V.K.V. Sarma
Jurisdiction
India
Judgment Date
26 November 2013
Procedural Posture
Criminal Appeal / Supreme Court Final Decision
Outcome
Appeal dismissed
Legal Topics
Live in Relationship, Relationship in the Nature of Marriage, Domestic Violence, Maintenance, Alienation of Affection
Family Law Criminal Law Women Protection Live in Relationship Relationship in the Nature of Marriage Domestic Violence Maintenance Alienation of Affection

Case Brief

Summary, issues, holding and outcome

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Parties

Indra Sarma

Appellant

V.K.V. Sarma

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether a live-in relationship amounts to a 'relationship in the nature of marriage' under Section 2(f) of Protection of Women from Domestic Violence Act, 2005
  2. 2 Whether failure to maintain a woman involved in such a relationship amounts to 'domestic violence' under Section 3 of the Act

Ratio Decidendi

Since the appellant knowingly entered into a live-in relationship with a married man, the relationship does not have inherent or essential characteristics of a marriage and does not fall within the definition of 'domestic relationship' under Section 2(f) of the DV Act; therefore, acts or omissions by the respondent do not amount to 'domestic violence' under Section 3 and the appellant is not entitled to reliefs under the Act.

Court Disposition

Appeal dismissed

Orders

  • No relief granted to appellant under Protection of Women from Domestic Violence Act, 2005; judgment of High Court upheld.