Indra Sarma v/s. V K V Sharma

  • Shashvat Prakash
  • June 23, 2020

Content :

The present case was appealed before the Supreme Court by the Appellant as she was aggrieved by the decisions of the High Court of Karnataka. The bench comprised of K.S.P Radhakrishnan, J. and P.C Ghose, J. The issue here pertained to the Domestic Violence Act, 2005 and its applicability on Live-In relationships. Several distinctions were made in order to conclude as to what exactly is a ‘relationship in the nature of marriage’.A host of foreign judgements and legislations were studied in order to formulate a set of guidelines which help ascertain the actual nature of a relationship. The status of the women in the relationship, her rights and claims, along with her locus standi in a civil  suit against a married male, were discussed at length in this judgment. The learned judges also decided whether the relief provided in the Domestic Violence Act, can be claimed by the women in this particular case or not. The right and interests of the wife of the married male and their children, were also acknowledged while pronouncing the judgment.