Women in live-in relationships or those in a domestic relationship akin to marriage are entitled to maintenance and protection from domestic violence.

Case Title:

Lalita Toppo v. State of Jharkhand and Anr.

(2018 SCC Online SC 2301)

Facts of the Case:

In the case of Lalita Toppo, the appellant, Lalita, was in a domestic relationship with a man without being legally married. She faced domestic violence and sought relief under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The key issue was whether a woman in a live-in relationship, but not legally married, could claim maintenance and relief under the provisions of the Act.

The lower courts had dismissed her plea, arguing that the relationship did not qualify as a "marriage" under the Hindu Marriage Act, and therefore, she was not entitled to maintenance.

Legal Point Considered by the Supreme Court:

1. Applicability of the Domestic Violence Act:

- The Supreme Court deliberated on whether a woman in a live-in relationship is entitled to relief under the Domestic Violence Act, which provides protection to women in domestic relationships, not necessarily limited to marriages.

2. Definition of Domestic Relationship:

- The Court examined the broader definition of "domestic relationship" under Section 2(f) of the PWDVA, which includes relationships in the nature of marriage. The Act was intended to protect women in relationships where they cohabit or live together, regardless of formal marital status.

3. Right to Maintenance:

- The Supreme Court ruled that women in live-in relationships or those in a relationship in the nature of marriage are entitled to seek maintenance and relief under the Domestic Violence Act. The Court noted that Section 20 of the PWDVA provides financial relief to aggrieved women, even in relationships that are not legally recognized as marriage.

4. Protection for Vulnerable Women:

- The Court's interpretation aimed to protect women from domestic violence regardless of their legal marital status, acknowledging that many women in India live in non-formalized relationships and may face similar hardships as legally married women.

Judgment:

The Supreme Court ruled in favor of Lalita Toppo, holding that she was entitled to relief under the Protection of Women from Domestic Violence Act, even though her relationship was not legally recognized as a marriage. The Court clarified that the Act provides protection and maintenance to women in domestic relationships, which include relationships "in the nature of marriage."

Key Legal Points:

- The Domestic Violence Act covers not just legally married women but also those in live-in relationships or other domestic arrangements that resemble marriage.

- The right to maintenance and relief is available under Section 20 of the Act, irrespective of the formal marital status of the woman.

- The judgment expanded the interpretation of the Act to protect vulnerable women in non-traditional domestic arrangements.

Summary:

In Lalita Toppo v. State of Jharkhand, the Supreme Court broadened the scope of the Domestic Violence Act, ensuring that women in live-in relationships or those in a domestic relationship akin to marriage are entitled to maintenance and protection from domestic violence. The case highlighted the evolving legal recognition of non-traditional relationships and ensured that the law provided a safety net for women facing domestic abuse, regardless of their marital status.