Live-In Partner Protection under PWDVA

The primary legislation governing Live-In Partner Protection is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Section 2(f) of the Act defines 'domestic relationship' to include a relationship in the nature of marriage, which has been interpreted by courts to cover live-in relationships. The Act provides for protection officers, service providers, and a framework for filing complaints before the Magistrate.

The Ministry of Women and Child Development is the nodal ministry. The National Commission for Women (NCW) also provides support. The official website for filing complaints under PWDVA is https://wcd.nic.in. State-level Women and Child Development departments also have designated protection officers.

To seek Live-In Partner Protection, an aggrieved woman can file a complaint before the Magistrate having jurisdiction. The process involves:

• Filing an application under Section 12 of PWDVA.
• The Magistrate may pass interim orders for protection, residence, or monetary relief.
• A notice is issued to the respondent, and after hearing both parties, final orders are passed.
• A domestic violence lawyer can draft the application and represent the client in court.

The key forms include:

• Form I: Application to the Magistrate under Section 12.
• Form II: Affidavit in support of the application.
• Form III: List of documents (e.g., proof of relationship, evidence of violence).
• Form IV: Details of reliefs sought (protection order, residence order, etc.). These forms are prescribed under the Protection of Women from Domestic Violence Rules, 2006.

Any woman who is in a domestic relationship with the respondent and alleges domestic violence is eligible. The relationship must be in the nature of marriage, which includes live-in relationships. The Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) held that a live-in relationship must be of some duration and akin to marriage. The woman must be a victim of physical, sexual, verbal, emotional, or economic abuse.

The PWDVA does not prescribe a fixed timeline. However, the Magistrate is required to dispose of the application within 60 days from the date of first hearing (Section 12(5)). Interim orders may be passed earlier. The actual duration depends on court schedules and the complexity of the case.

There is no court fee for filing an application under PWDVA. However, professional fees for a domestic violence lawyer vary. Below is an indicative table of government-prescribed fees (if any):

Note: No court fee is payable for PWDVA applications.