The Delhi High Court has clarified that two people living together in a shared household through a relationship in the “nature of marriage” will be called to be in a domestic relationship.

The Court set aside an Order passed by the Trial Court which dismissed a complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) by the wife.

A Single Bench of Justice Amit Mahajan explained, “In terms of Section 2 (f) of the Act, domestic relationship not only means a relationship between two persons who live together in a shared household by virtue of marriage. Two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship.”

Advocate Dinesh Garg represented the Petitioner, while Advocate Baldev Singh appeared for the Respondent.

Brief Facts

The wife filed a complaint under Section 12 of the DV Act, alleging that she was subjected to cruelty by the husband and his family members. The complaint claimed that the marriage took place after a “Friendship Agreement.” The husband denied the marriage, submitting that both parties were already married to other individuals at the time of the alleged marriage and provided documents, including a marriage certificate and a divorce decree, to support his claims.

The Trial Court, in the impugned judgment, held that the wife was neither an “aggrieved person” under Section 2(a) of the DV Act nor in a relationship in the “nature of marriage” with the husband. The complaint was accordingly dismissed.

Court’s Reasoning

The High Court held that in terms of Section 2 (f) of the DV Act, the relationship of parties living together through a relationship in the “nature of marriage” would also fall within the definition of domestic relationship.

“The allegation clearly points towards the allegation of domestic violence while the petitioner lived in a shared household for almost seven years in a domestic relationship if not as a married couple but at least as a couple in the nature of marriage,” it remarked.

The Court pointed out that the veracity of the documents relied upon by the husband, such as the Friendship Agreement and the marriage certificate, could only be established after evidence was led by both parties.

Consequently, the Court restored the complaint by the wife under Section 12 of the DV Act and remarked, “The defence taken by the respondent to contend that the parties were not in a domestic relationship, can only be considered after the evidence is led.”

Accordingly, the High Court allowed the Petition.

Cause Title: A v. N (Neutral Citation: 2025:DHC:14)

Appearance:

Petitioner: Advocate Dinesh Garg

Respondent: Advocates Baldev Singh, Divyansh Thakur and Rishabh Kr. Singh

Click here to read/download the Order



Delhi High CourtJustice Amit Mahajan

Riya Rathore

    Assistant Editor

    Riya Rathore is an Assistant Editor at Verdictum. She completed her B.A. LL.B. (Hons.) from O.P. Jindal Global University in 2018 and went on to pursue her LL.M. in Intellectual Property Law & Technology Law from the Centre for Post Graduate Legal Studies in 2019. Her research interests lie in the areas of Environmental Law, Public Policy, Criminal Justice, and Matrimonial Disputes—fields where the intersection of law and society can be explored. Her academic interests lie in the intersection of Intellectual Property Rights, Data Security, and Cyber Laws. She is also interested in Environmental Laws, Public Policy and Sustainable Development.