Court case(2013) 15 SCC 755

The appellant, Indra Sarma, an unmarried woman, left her job and lived with the respondent, V.K.V. Sarma, for about eighteen years. He was, to her knowledge, a married man living with his wife and children. When he left her she applied under the Protection of Women from Domestic Violence Act 2005, alleging domestic violence in the form of economic abuse by his failure to maintain her, and sought maintenance and other reliefs. The Magistrate granted her maintenance and the Sessions Court affirmed, holding that the relationship was in the nature of marriage. The Karnataka High Court set aside these orders, holding that the relationship was not a domestic relationship within the Act. She appealed.

The Supreme Court dismissed the appeal. K.S. Radhakrishnan J. examined the meaning of a relationship in the nature of marriage and laid down guidelines to identify one: the duration of the relationship, a shared household, pooling of resources and financial arrangements, domestic arrangements, a sexual relationship, children, socialisation in public, and the intention and conduct of the parties. The appellant was fully aware that the respondent was married and living with his wife and children; she was not his wife and the relationship could not be treated as in the nature of marriage, for that would harm the legally wedded wife and children. Her relationship was at best a live-in relationship outside the Act, so the respondent's failure to maintain her was not domestic violence under the Act. The Court observed that women in such relationships, often vulnerable, are left without a remedy, and suggested that Parliament consider amending the law.