14/06/2016
कहा तक सही है।
Supreme Court frames guidelines
for determining live-in relationship
New Delhi: Duration of relation, shared
household and pooling of resources are some
of the guidelines the Supreme Court has
framed for bringing live-in relationship within
the expression 'relationship in the nature of
marriage' for protection of women under
Domestic Violence (DV) Act.
A bench of justices K S Radhakrishnan and
Pinaki Chandra Ghose said though the eight
guidelines are not exhaustive, these will
definitely give some insight to such
relationships.
Framing guidelines for determining live-in
relations, the bench said that pooling of
financial and domestic arrangements,
entrusting the responsibility, sexual
relationship, bearing children, socialization in
public and intention and conduct of the
parties are some of the other criteria to be
considered for determining the nature of
relations between parties.
For duration of period of relationship, the
bench said section 2(f) of the DV Act has
used the expression "at any point of time",
which means a "reasonable period of time to
maintain and continue a relationship which
may vary from case to case, depending upon
the fact situation."
Similarly, it said the guideline of pooling of
resources and financial arrangements meant
"supporting each other, or any one of them,
financially, sharing bank accounts, acquiring
immovable properties in joint names or in the
name of the woman, long term investments in
business, shares in separate and joint names,
so as to have a long standing relationship,
may be a guiding factor".
The bench said domestic arrangements
where there is entrustment of responsibility,
especially on the woman to run the home, do
the household activities like cleaning,
cooking, maintaining or up-keeping the house
are indication of a relationship in the nature
of marriage.
The guidelines include presence of sexual
relationship and children which mean,
"Marriage like relationship refers to sexual
relationship, not just for pleasure, but for
emotional and intimate relationship, for
procreation of children, so as to give
emotional support, companionship and also
material affection, caring etc.
"Having children is a strong indication of a
relationship in the nature of marriage. Parties,
therefore, intend to have a long standing
relationship. Sharing the responsibility for
bringing up and supporting them is also a
strong indication."
The Supreme Court passed the verdict while
adjudicating dispute between a live-in couple
where the woman had sought maintenance
from the man after the relationship came to
an end.
