Relationship in the Nature of Marriage

A relationship in the nature of marriage is a live-in domestic partnership that resembles marriage in substance, although the parties are not validly married. Under the Protection of Women from Domestic Violence Act, 2005, it is distinguished from a casual, transient or purely sexual relationship by stable cohabitation, shared domestic life and conduct presenting the couple as spouses.

Statutory setting

Under Section 2(f), a domestic relationship exists when two persons live, or have lived, together in a shared household and are connected by marriage, a relationship in the nature of marriage, consanguinity, adoption or joint-family membership. The Act does not separately define the expression, so courts determine it from the facts.

Judicial indicators

The Supreme Court has held that not every live-in arrangement qualifies. In D. Velusamy v. D. Patchaiammal (2010) and Indra Sarma v. V.K.V. Sarma (2013), it identified relevant indicators, with the latter treating them as non-exhaustive and fact-specific.

• The duration and continuity of cohabitation should indicate a stable partnership rather than an occasional arrangement.
• Residence in a common household, pooling of financial resources and shared domestic responsibilities support a marriage-like character.
• A sustained intimate relationship, care of children, public socialization as a couple and the parties' intentions are relevant.
• The parties' legal capacity to marry and whether they held themselves out as spouses have also been considered by the Court.

Legal effect and limits

Recognition does not create a marriage or automatically confer matrimonial status, succession rights or other personal-law consequences. It brings an aggrieved woman within the Act's protective framework, including the right to reside under Section 17 and orders for protection, residence, monetary relief, temporary custody and compensation under Sections 18-22.

• A casual liaison, relationship maintained only for sexual purposes or arrangement lacking a shared domestic life ordinarily does not satisfy the standard.
• The inquiry focuses on the relationship's substance and the woman's need for statutory protection, not merely the label used by the parties.

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