Kochi: In a legal ruling, the High Court reiterated that women are entitled to file cases under the Domestic Violence Act even within cohabiting relationships. The Court’s stance is that instances of violence against women by men in unmarried cohabitation scenarios fall within the purview of the Domestic Violence Act. This elucidation was provided by a division bench presided over by Justices Anil K Narendran and PG Ajith Kumar.
The Domestic Violence Act defines a domestic relationship as any bond between two individuals, irrespective of their marital status, formed through mutual consent with shared material resources over a stipulated period. Consequently, the Court concluded that acts of abuse against a woman by a man, even if they cohabit without legal marriage, fall within the legal ambit of domestic violence legislation. The police are empowered to initiate legal proceedings according to Section 12 of the Domestic Violence Act.
The decree was examined in accordance with the petition submitted by Vineeth Ganesh, a Mumbai resident. The petition sought the transfer of a Domestic Violence Act case from the Magistrate’s Court to the Family Court. Nevertheless, the Court recognised that altering the complaint as per the petitioner’s request could detrimentally affect the woman involved. Given these circumstances, the Division Bench dismissed the petition.
Additionally, it is noteworthy that a prior ruling by the High Court established that couples cohabiting based on an agreement cannot seek legal divorce since such living arrangements lack legal recognition.
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