A woman in a live-in relationship, enduring years of abuse, finds hope as the Bombay High Court reinstates her domestic violence complaint. The ruling emphasizes protection for women and children in all domestic setups, regardless of legal marital status.
Pune | 30 July, 2025: In a landmark decision, the Bombay High Court has delivered justice to a woman who faced physical, emotional, and financial abuse in a live-in relationship, overturning a lower court’s dismissal of her case. The woman, a mother to a young daughter born in 2015, had sought relief under the Protection of Women from Domestic Violence Act, 2005. She requested protection, residence, maintenance, custody of her child, and compensation after enduring significant hardship. However, her plea was initially rejected by the Thane Sessions Court in 2022, which argued that her second marriage was not legally valid due to the absence of a formal divorce from her first husband.
Undeterred, the woman, represented by advocates Madhura Deshpande and Abhishek Patil, appealed to the Bombay High Court. Her legal team argued that the Domestic Violence Act safeguards women in relationships resembling marriage, not just those with a legal marriage certificate. They emphasized the couple’s shared home and parental responsibilities, underscoring the domestic nature of their bond and the need to protect the minor child, who was also affected by the abuse.
The High Court, presided over by Justice Madhav Jamdar, ruled in favor of the woman, highlighting the broader intent of the Domestic Violence Act. The court clarified that the law is designed to protect women in various domestic arrangements, including live-in relationships, and is not limited to legally recognized marriages. The presence of a child from the relationship further demonstrated a level of commitment and responsibility, reinforcing the woman’s right to seek legal recourse. The court found that the Sessions Court’s dismissal was premature and failed to consider the merits of the case.
In its final order, the Bombay High Court set aside the Sessions Court’s decision, directing the Magistrate to rehear the woman’s complaint. Additionally, the court mandated that the respondent pay Rs 1 lakh to cover the woman’s legal expenses, acknowledging the financial burden of pursuing justice. This ruling marks a significant step forward in recognizing the rights of women in non-traditional relationships, ensuring that technicalities like marriage validity do not obstruct access to justice.
The decision sends a powerful message about the inclusivity of legal protections under the Domestic Violence Act. It affirms that women and children in any domestic setup deserve safety and support, regardless of formal marital status. By prioritizing the welfare of the woman and her daughter, the Bombay High Court has reinforced the importance of accessible legal protection for all victims of domestic violence, setting a precedent for future cases.
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