In Indra Sarma vs. V.K.V. Sarma (2013), the Supreme Court elaborated that a live-in relationship “in the nature of marriage” qualifies as a domestic relationship under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005. The Delhi High Court has reaffirmed this position, ensuring that women in genuine live-in relationships receive legal protection similar to married women.
Key Rights Available:
- Right to protection against domestic violence (Indra Sarma case)
- Right to maintenance (palimony)
- Right to shared household (Lalita Toppo case)
- Right to inheritance of property (Vidyadhari & Ors case)
- Right to legitimacy of children (Kattukandi case)
- Right to visa extension (Svetlana Kazankina case)
Under Section 10 of the Protection of Women from Domestic Violence Act, 2005, Service Providers are registered NGOs, societies, or companies that provide assistance and protection to women affected by domestic violence. Their objective is to ensure immediate relief, safety, and support services to victims.
Major Roles of Service Providers
- Preparation of Domestic Incident Report (DIR) – Under Section 10, Service Providers record complaints and prepare the Domestic Incident Report (DIR), which is forwarded to the Magistrate and Protection Officer.
- Medical Assistance – They arrange medical examination and treatment for the victim whenever necessary.
- Providing Shelter – They help victims obtain safe shelter homes and temporary accommodation.
- Legal and Psychological Support – Service Providers provide legal guidance, counselling, and emotional support to aggrieved women.
- Assistance in Speedy Justice – They coordinate with Magistrates, police authorities, and Protection Officers for effective implementation of the Act.
- Legal Immunity – The Act grants immunity to Service Providers for actions performed in good faith.
Under the Protection of Women from Domestic Violence Act, 2005, the Magistrate has been given wide powers to provide immediate and effective relief to the aggrieved woman. On an application under Section 12, the Magistrate may pass the following orders:
1. Protection Order – Section 18
- To restrain the respondent from committing any act of domestic violence (physical, mental, economic or sexual).
- Prohibits the respondent from entering the workplace or residence of the aggrieved person.
2. Residence Order – Section 19
- Protects the right of the aggrieved woman to reside in the shared household.
- Restrains the respondent from dispossessing or disturbing the possession of the woman.
- May direct the respondent to provide alternate accommodation and maintenance.
3. Monetary Relief – Section 20
- Directs the respondent to pay monetary relief to meet the expenses incurred by the aggrieved woman.
- Includes medical expenses, loss of earnings, maintenance, and child care expenses.
4. Custody Order – Section 21
- Grants temporary or permanent custody of children to the aggrieved woman.
- May also grant visitation rights to the respondent, keeping in mind the welfare of the child.
5. Compensation Order – Section 22
- Directs the respondent to pay compensation for the injuries (mental or physical) suffered by the aggrieved woman due to domestic violence.
6. Interim / Ex-parte Orders – Section 23
- The Magistrate may pass interim orders for immediate relief.
- In urgent cases, ex-parte orders (without notice to the respondent) can also be passed.
