Who is an aggrieved person in the domestic violence case?

Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 Act states about the aggrieved person which is reproduced as under- “2(a)    “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

Section2(f)states-

“2(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. Section2(s) states-  

“2(s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household. Section 3(a) states that an act will constitute domestic violence in case it- “3(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse;” or The expression “economic abuse” has been defined to include : “(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance. An aggrieved person under the Act can approach the Magistrate under Section 12 for the relief mentioned in Section 12(2). Under Section 20(1)(d) the Magistrate can grant maintenance while disposing of the application under Section 12(1).  Section 26(1) provides that the relief mentioned in Section 20 may also be sought in any legal proceeding, before a civil court, family court or a criminal court. Having noted the relevant provisions in The Protection of Women from Domestic Violence Act, 2005, we may point out that the expression `domestic relationship’ includes not only the relationship of marriage but also a relationship `in the nature of marriage’. The question, therefore, arises as to what is the meaning of the expression `a relationship in the nature of marriage’. Unfortunately this expression has not been defined in the Act. In the case of Indra Sarma Vs. V.K.V.Sarma (Crl.A. No.2009 of 2013 decided on 26.11.2013 The Supreme Court has  defined the scope and ambit of Sec. 2 (f) of PWDV Act 2005. In this Case it has been held that a woman who was in a live-in relationship with a married man for 14 years was not accorded the fruits of the Protection of Women from Domestic Violence Act, 2005.It is further held that such a live-in relationship fell outside the purview of 'relationship in the nature of marriage.  While arriving at this conclusion, which has far-reaching implications on rights of aggrieved persons in non-matrimonial relationships, the Supreme Court laid down various criteria for the purpose of determining as to what kind of relationships would fall within the ambit of the expression 'relationship in the nature of marriage' as worded in the section2(f) of PWDV Act.2005.