Bombay High Court: Women in De Facto Marriages Entitled to Maintenance Under DV Act
Court says absence of formal marriage proof not a barrier
Domestic relationship in nature of marriage ensures protection
By Our Legal Correspondent
New Delhi: March 02, 2026:
In a progressive ruling, the Bombay High Court has held that women in de facto marriages—relationships in the nature of marriage but without formal proof of legal marriage—are entitled to maintenance and protection under the Protection of Women from Domestic Violence Act, 2005 (DV Act).
Justice Abhay S. Waghwase emphasized that the DV Act is a social welfare legislation designed to provide immediate relief to aggrieved women, irrespective of the strict validity of their marriage. The court clarified that what matters is the existence of a domestic relationship, not the technical legality of the marriage.
Case Background
- The case involved a woman who sought maintenance for herself and her minor son under the DV Act.
- The husband challenged the order, arguing that there was no valid marriage.
- The lower courts had granted maintenance, recognizing the domestic relationship.
- The Bombay High Court upheld the orders, dismissing both the husband’s challenge and the wife’s plea for enhancement.
Court’s Observations
- Domestic Relationship: Section 2(f) of the DV Act covers relationships “in the nature of marriage,” ensuring protection even without formal proof.
- Progressive Interpretation: The court stressed that the DV Act must be interpreted liberally to protect women from abuse.
- Maintenance Rights: Women and children in such relationships cannot be denied maintenance merely because the marriage is not legally valid.
- Judicial Duty: Courts must prioritize substantive justice over technicalities.
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Relevant Laws and Rules
1. Protection of Women from Domestic Violence Act, 2005
- Section 2(f): Defines “domestic relationship” to include live-in or de facto marriages.
- Section 20: Provides for monetary relief, including maintenance.
2. Indian Penal Code (IPC)
- Provisions on cruelty and harassment apply irrespective of marriage validity.
3. Judicial Precedents
- Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) recognized live-in relationships under DV Act.
- Bombay HC rulings reinforce that maintenance cannot be denied due to technicalities.
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Broader Implications
- For Women: Expands protection to those in live-in or de facto marriages, ensuring financial security.
- For Judiciary: Reinforces the principle of substantive justice in family law.
- For Society: Recognizes evolving social realities where many couples live together without formal marriage.
- For Policy Makers: Encourages reforms to strengthen women’s rights in non-traditional relationships.
Conclusion
The Bombay High Court’s ruling is a landmark in advancing women’s rights. By holding that maintenance under the DV Act applies even without formal proof of marriage, the court has ensured that vulnerable women and children are not left unprotected.
This judgment reflects the judiciary’s commitment to interpreting welfare laws progressively, aligning legal protections with contemporary social realities.
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