In an judgement that expands the ambit of the Domestic Violence Act, the Delhi High Court has held that the law protects not only a man’s wife but also a “mistress” or a live-in partner.

“We find no reason why equal treatment should not be accorded to a wife as well as a woman who has been living with a man as his common-law wife or even as a mistress,” a Bench comprising Justices Vikramjit Sen and P K Bhasin said.

The Bench passed the judgement on a petition filed by a man for quashing criminal proceedings against him on the complaint filed by his live-in partner. The court said that in a case of women having live-in relationships with a man it could be fairly assumed that the relationship was initiated by the man.

“Like treatment to both (wives and mistress) does not, in any manner, derogate from the sanctity of marriage,” the Bench said.

The Bench added that in dealing with such cases “the court should also not be impervious to social stigma which always sticks to women and not to the men”.

Shah, the petitioner, had approached the High Court after proceedings were initiated against him by a lower court here under the Domestic Violence Act on the complainant filed by a woman who claimed to be his wife.
He, however, defended himself saying that he was not legally married to the complainant and challenged the constitutional validity of the Act as it was discriminatory against the male community.

The Court rejected his contention questioning the validity of the Act and refused to pass an order on the quashing of the proceedings against him in the lower court. It referred the matter to another bench who would hear the matter on April 24.