Bombay High Court: In a recent judgment, a bench comprising of S.B. Shukhre, J has clarified that a married woman who is living with her husband but is in a relationship with another man cannot seek maintenance from her paramour under the Protection of Women from Domestic Violence Act. In the present case, a complaint was lodged by a woman against her paramour and his two kids. The man against whom the complaint was filed had approached this Court challenging an order passed by the magistrate directing him to pay the complainant maintenance and the registration of a complaint under the Domestic Violence Act.
The Counsel for the appellant argued that the respondent (woman) could not have entered into a ‘domestic relationship’ as under section 2 of the Act as it is an admitted fact that she is a married woman and her marriage still subsists. The respondent-woman opposed the petition, arguing that whether she was in a domestic relationship with the appellant or not could be decided in light of the contentions and evidence brought on record only by the trial court. The Court ruling in favour of the man held it is crystal clear that a woman who is married cannot enter into a domestic relationship as contemplated under section 2(f) of the Domestic Violence Act and even if she establishes a long standing relationship with a man as his concubine or mistress, she would not be entitled to protection under the provisions of the Act.Narayan Jangluji Thool vs. Mala,2015 SCC OnLine Bom 407 decided on 27-1-2015
