Birth of child makes Live-in Relationship ‘Marriage-like’, says Bombay HC

Mumbai | Desk: The Bombay High Court, in a significant observation, has stated that a long-term live-in relationship and the birth of a child from it together bring such a relationship into the category of a "relationship in the nature of marriage." Even if a legal marriage has not taken place, the woman will receive legal protection similar to that of a wife in such a situation. The court rejected the man's petition on this basis.

In this case, the man is accused of being in a long-term relationship with a woman, during which they cohabited, resulting in the birth of a daughter. Despite this, the man neither took responsibility for the woman nor provided for the child. He later married another woman.

Citing the lack of a legal marriage, the man refused to provide for the woman and the child, after which the woman filed a domestic violence case against him.

The woman told the court that during their long-term cohabitation, she had become pregnant before, but was forced to have an abortion. Later, a daughter was born, but the man abandoned the mother and child.

The child is currently eight months old. The lower court, considering the circumstances, had ordered the man to pay the woman Rs. 5,000 and the child Rs. 2,000 per month as maintenance.

Challenging this order, the man and his family approached the Bombay High Court. Justice M.M. Nerlikar's bench heard the case. The man's lawyer argued that occasional cohabitation or meeting on weekends cannot be considered a domestic relationship, and that the case was motivated by revenge.

The woman's lawyer, however, argued that cohabitation and the birth of a child bring this relationship within the definition of a domestic relationship, and therefore, the Domestic Violence Act applies.

After hearing arguments from both sides, the High Court stated that the woman should receive some legal protection under the Domestic Violence Act. The man cannot escape his responsibilities by marrying another woman. Citing previous Supreme Court judgments, the High Court clarified that the duration of the relationship, physical intimacy, and the presence of children are sufficient grounds to consider it a "relationship in the nature of marriage."

However, the court granted relief to the young man's mother and current wife in this matter, but refused to quash the complaint filed against the young man.