D. Velusamy v D. Patchaiammal
Rule established
To constitute a 'relationship in the nature of marriage' entitling a woman to maintenance under Section 125 CrPC (via the Domestic Violence Act framework), the couple must hold themselves out to society as spouses, be of legal age to marry, be otherwise qualified to marry, have voluntarily cohabited, and have lived together for a significant period.
Facts
- The respondent claimed maintenance asserting she had lived with the appellant in a relationship in the nature of marriage. The appellant denied any such relationship existed and disputed that the parties had cohabited as spouses. The matter required the Court to clarify what qualifies as a "relationship in the nature of marriage" for maintenance purposes.
Issue
- What criteria determine whether a live-in relationship qualifies as a "relationship in the nature of marriage" entitling a woman to claim maintenance.
Held
- The Court held that to be a relationship in the nature of marriage, the couple must: (a) hold themselves out to society as being akin to spouses; (b) be of legal age to marry; (c) be otherwise qualified to enter into a legal marriage, including being unmarried; (d) have voluntarily cohabited; and (e) have lived together for a significant period of time. A relationship that does not meet all these conditions, such as a mere "keep" relationship or a relationship where one party is already married, does not qualify. The matter was remanded for factual determination.
Ratio Decidendi
Maintenance protection for live-in partners under the domestic violence framework is limited to relationships that genuinely mirror marriage in social presentation, legal capacity, voluntariness, and duration; not every cohabitation qualifies, and courts must apply this structured test.
How to use it in an exam
- The foundational four/five-fold test for "relationship in the nature of marriage," refined later in Indra Sarma v VKV Sarma (2013)
- Distinguish from a "keep" relationship, explicitly excluded by the Court from protection
- Key line: society's perception of the couple as spouses is a necessary, not sufficient, condition alongside legal capacity and duration
Source
Source: (2010) 10 SCC 469; widely reported decision laying down the four-fold test, cross-verify citation before exam use
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.