Any conduct that hurts the victim physically or imperils their life, limb, health, or development is considered domestic violence. Assault, unjustified force, and criminal intimidation all constitute physical abuse.

Domestic violence has a significant impact not only on the victims, but also on family members, friends, coworkers, other witnesses, and the community at large. Children who experience domestic violence as they grow up are among those who are negatively impacted by this crime. In addition to predisposing kids to a host of physical and social issues, frequent exposure to violence in the family teaches them that abuse is a normal part of life, raising the likelihood that they will grow up to be society’s next victims and abusers.

The Kerala High Court recently observed that a woman who is in a live-in relationship can also file domestic violence cases under the Protection of Women from Domestic Violence Act (DV Act). [Vineet Ganesh v Priyanka Vasan]

A division bench of Justices Anil K Narendran and PG Ajithkumar noted that a female victim of violence of any kind at the hands of a man with whom she was in a domestic relationship can file a case under the DV Act.

The bench also noted that the Act defines domestic relationship as a relationship between two persons who live or have, at any point in time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

“From the above definitions, it is possible for a woman alone to seek relief under the D.V. Act. Further, a female living in a relationship in the nature of a marriage is also eligible to seek relief under the D.V.Act…It may be noted that going by the definition of the respondent in Section 2(q) of the D.V. Act, a female living in a relationship in the nature of a marriage, in other words, living-in-relationship may also file an application under Section 12 of the DV Act,” the Court observed.

The Court was considering an appeal filed by a man who wanted to transfer a case initiated against him under Section 12 of the DV Act and pending before a Magistrate, to a family court.

Noting that the DV Act is enacted to provide for more effective protection of the rights of women guaranteed under the Constitution of India, the High Court opined that if the person against whom the woman files a case is then allowed to get it transferred to a family court or civil court, it would be to her detriment.

The Court also noted that if an application under Section 12 is liable to be transferred to a family court, that will result in an indiscriminate classification since a family court is empowered to entertain disputes between the parties to a marriage only. This would leave out women who are in live-in relationships.

For these reasons, the Court held that an application under Section 12 of the DV Act cannot be transferred from a Magistrate to a family court.

The appeal was, therefore, dismissed.