D. VELUSAMYversusD. PATCHAIAMMAL

                   [2010] 13 (ADDL.) S.C.R. 706


A                         D. VELUSAMY
                                  v.
                       D. PATCHAIAMMAL
            (Criminal Appeal No. 2028-2029 of 2010)
                        OCTOBER 21, 2010
B
        [MARKANDEY KATJU AND T. S. THAKUR, JJ.)

        Code of Criminal Procedure, 1973 - s. 125 -
  Maintenance - Claim of - Woman seeking maintenance from
C appellant claiming to be his legally wedded wife - Appellant
  refuting the status of claimant as wife and claiming himself
  to be legally wedded to another woman-'L' - Courts below
  without issuing notice to 'L', granting maintenance to claimant
  holding that appellant was legally wedded to claimant and not
D to 'L' - On appeal, held: Courts below erred in holding that
  appellant was not married to 'L' without even issuing notice to
  'L' - No finding that claimant and appellant had lived together
  for a reasonably long period of time in a relationship in the
  nature of marriage, whicf1 is essential to decide the case -
E Thus, matter remitted back to family court to decide it afresh
  - Family court to issue notice to 'L' and give fresh finding as
  regard the marriage of appellant
                             I
                                        and claimant - Protection
  of Women from Domestic Violence Act, 2005.
                              .
       Protection of Women frpm Domestic Violence Act, 2005
F - s. 2(f), 2(s) - Expression 'relationship in the nature of
  marriage' - Meaning of - Held: Expression is akin to a
  common law marriage - It requires that parties though not
  formally married, must hold themselves out to society as
  being akin to spouses; must be of legal age to marry; must
G be otherwise qualified to enter into a legal marriage, including
  being unmarried; and must have voluntarily cohabited for a
  significant period of time - Parties must have a/so lived
  together in a 'shared household' - Merely spending weekends
  together or a one night stand would not make it a 'domestic
H                              706
        D. VELUSAMY v. D. PATCHAIAMMAL                    707

relationship' - Alf live-in relationships will not amount to a   A
relationship in the nature of marriage - Words and Phrases.

     Interpretation of statutes - Held: In the garb of
interpretation, court cannot change the language of the statute
nor can it legislate or amend the law.                          8
     The respondent filed a petition under Section 125 of
the Code of Criminal Procedure, 1973 claiming
maintenance from the appellant, in the year 2001. The
respondent alleged that she was married to the appellant
in the year 1986; and that the appellant stayed with her         C
at her father's house for two or three years and,
thereafter, deserted her and started living in his native
place. The appellant alleged that in the year 1980, he was
married to 'L' according to the Hindu Customary Rites
and a male child was born out of the wedlock. The family         D
court held that the appellant was married to the
respondent. The High Court upheld the said findings.
Therefore, the appellant filed the instant appeals.

    Allowing the appeals and remitting the matter to the         E
family court, the Court

      HELD: 1.1 Under Section 2(f) of the Protection of
Women from Domestic Violence Act, 2005, the expression
'domestic relationship' includes not only the relationship
of marriage but also a relationship 'in the nature of            F
marriage'. The meaning of the expression 'a relationship
in the nature of marriage' has not been defined in the Act.
The Parliament by the 2005 Act has drawn a distinction
between the relationship of marriage and a relationsllip
in tile nature of marriage, and has provided that in either      G
case the person who enters into either relationship is
entitled to the benefit of the Act. In the Act of 2005,
Parliament has taken notice of a new social phenomenon
which has emerged in India known as live-in relationship.
                                                                 H
    708   SUPREME GOURT REPORTS (2010) 13 (ADDL.) S.C.R.


A This new relationship is still rare in India, and is
  sometimes found in big urban cities in India, but it is very
  common in North America and Europe. [Paras 20, 21 and
  22) [716-G-H; 717-A-D)

B        S. Khushboo vs. Kanniammal & Anr. (2010) 5 SCC 600
    - referred to.

         Marvin vs. Marvin (1976) 18 C3d660; Taylor vs. Fields
    (1986) 224 Cal. Rpr. 186; Devaney vs. L' Esperance 195
    N.J., 247 (2008) - referred to
c
       1.2 Some countries in the world recognize common
  law marriages. A common law marriage, sometimes
  called de facto marriage, or informal marriage is
  recognized in some countries as a marriage though no
D legally recognized marriage ceremony is performed nor
  civil marriage contract is entered into nor the marriage
  registered in a civil registry. A 'relationship in the nature
  of marriage' is akin to a common law marriage. Common
  law marriages require that although not being formally
E married: (a) the couple must hold themselves out to
  society as being akin to spouses; (b) that they must be
  of legal age to marry; (c) that they must be otherwise
  qualified to enter into a legal marriage, including being
  unmarried; and (d) that they must have voluntarily
  cohabited and held themselves out to the world as being
F akin to spouses for a significant period of time. [Paras 32
  and 33) [719-F-H; 720-A-D]

         'Common Law Marriage' in Wikipedia on Google -
    referred to.
G
        1.3 A 'relationship in the nature of marriage' under the
    2005 Act must also fulfill the said requirements, and in
    addition the parties must have lived together in a 'shared
    household' as defined in Section 2(s) of the Act. Merely
H
        D. VELUSAMY v. D. · PATCHAIAMMAL                 709


spending weekends together or a one night stand would            A
not make it a 'domestic relationship'. [Para 33] [720-C-D]

     1.5 Not all live-in relationships will amount to a
relationship in the nature of marriage to get the benefit
of the Act of 2005. To get such benefit the conditions           B
aforementioned must be satisfied, and have to be proved
by evidence. If a man has a 'keep' whom he maintains
financially and uses mainly for sexual purpose and/or as
a servant it would not be a relationship in the nature of
marriage'. The said view would exclude many women                C
who have had a live-in relationship from the benefi-lof the
2005 Act, but then it is not for this Court to legislate or
amend the law. Parliament has used the expression
'relationship in the nature of marriage' and not 'live-in
relationship'. The court in the garb of interpretation
cannot change the language of the statute. [Paras 34 and         D
35] [720-D-G]

     2.1 Since 'L' was not made a party to the proceedings
before the family court judge or before the High Court and
no notice was issued to her; hence, any declaration about        E
her marital status vis-a-vis the appellant is wholly null and
void as it would be violative of the rules of natural justice.
Without giving a hearing to 'L' no such declaration could
have validly be given by the courts below that she was
not married to the appellant, since such a finding would         F
seriously affect her rights. If no such declaration could
be given, obviously no declaration could validly be given
that the appellant was validly married to the respondent,
because if 'L'was the wife of the appellant then without
divorcing her, the appellant could not have validly married      G
the respondent. At this stage, it cannot be said that the
respondent is the wife of the appellant. A divorced wife
is treated as a wife for the purpose of Section 125 Cr.P.C.
but if a person has not even been married obviously that
person could not be divorced. Hence, the respondent              H
    710    SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A cannot claim to be the wife of the appellant, unless it is
  established that the appellant was not married to 'L'.
  [Paras 11 and 15] [713-C-E; 714-F-G]

       2.2 The High Court and the family court judge erred
  in law in holding that the appellant was not married to 'L'
8
  without even issuing notice to 'L'. Hence, the said finding
  is set aside and the matter is remanded to the family
  court which may issue notice to 'L' and after hearing her
  give a fresh finding in accordance with law. The question
  whether the appellant was married to the respondent or
C not, can be decided only after the said finding. [Para 36]
  [721-B-D]                                     .

      2.3 There is also no finding in the judgment of the
  family court judge on the question whether the appellant
D and the respondent had lived together for a reasonably
  long period of time in a relationship which was in the
  nature of marriage. Such findings were essential to decid(!
  the instant case. Hence, the impugned judgment of the
  High Court and family court judge are set aside and the
E matter is remanded to the family court to decide the
  matter afresh in accordance with law and in the light of
  the observations made. [Para 39] [721-D-E]

       Vimala (K) vs. Veeraswamy (K) (1991) 2 SCC 375;
F Savitaben Somabhat Bhatiya vs. State of Gujarat and others,
  AIR 2005 SC 1809 - referred to
                        Case Law Reference:
          (1991) 2 sec 375        Referred to      Para 13
G         AIR 2005 SC 1809        Referred to      Para 14
          c201 O) 5 sec 600       Referred to      Para 22
          (1976) 18 C3d660        Referred to      Para 24

H
        D. VELUSAMY v. D. PATCHAIAMMAL                         711

    (1986) 224 Cal. Rpr. 186 Referred to                Para 26        A
     195 N.J., 247 (2008)           Referred to         Para 27

    CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 2028-2029 of 2010.
                                                                       B
     Jayant Bhushan, Gautam Talukdar for the Appellant.

    T. Harish Kumar, Parasanth P., V. Vasdudevan for the
Respondent.

     The Judgment of the Court was delivered by                        c
     MARKANDEY KATJU, J. 1. Leave granted.
     2. Heard learned counsel for the appellant. None has
appeared for the respondent although she has been served
notice. We had earlier requested Mr. Jayant Bhushan, learned           D
Senior counsel to assist us as Amicus Curiae in the case, and
we record our appreciation of Mr. Bhushan who was of
considerable assistance to us.

    3. These appeals have been filed against the judgment of           E
the Madras High Court dated 12.10.2009.

     4. The appellant herein has alleged that he was married
according to the Hindu Customary Rites with one Lakshmi on
25.6.1980. Out of the wedlock with Lakshmi a male child was
                                                                       F
born, who is now studying in an Engineering college at Ooty.
The petitioner is working as a Secondary Teacher in Thevanga
Higher Secondary School, Coimbatore.

   · 5. It appears that the respondent-0. Patchaiammal filed a
petition under Section 125 Cr.P.C. in the year 2001 before the         G
Family Court at Coimbatore in which she alleged that she was
married to the appellant herein on 14.9.1986 and since then
the appellant herein and she lived together in her father's house
for two or three years. It is alleged in the petition that after two
                                                                       H
    712    SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A   or three years the appellant herein left the house of the
    respondent's father and started living in his native place, but
    would visit the respondent occasionally.

        6. It is alleged that the appellant herein (respondent in the
8 petition under Section 125 Cr.P.C.) deserted the respondent
  herein (petitioner in the proceeding under Section 125 Cr.P.C.)
  two or three years after marrying her in 1986. In her petition
  under Section 125 Cr.P.C. she alleged that she did not have
  any kind of livelihood and she is unable to maintain herself
C whereas the respondent (appellant herein) is a Secondary
  Grade Teacher drawing a salary of Rs.10000/- per month.
  Hence· it was prayed that the respondent (appellant herein) be
  directed to· pay Rs.500/- per month as maintenance to the
  petitioner.

D        7. In both her petition under Section 125 Cr.P.C. as well
    as in her deposition in the case the respondent has alleged that
    she was married to the appellant herein on 14.9.1986, and that
    he left her after two or three years of living together with her in
    her father's house.
E
       8. Thus it is the own case of the respondent herein that
  the appellant left her in 1988 or 1989 (i.e. two or three years
  after the alleged marriage in 1986). Why then was the petition
  under Section 125 Cr.P.C. filed in the year 2001, i.e. after a
  delay of about twelve years, shall have to be satisfactorily
F explained by the respondent. This fact also creates some doubt
  about the case of the respondent herein.

       9. In his counter affidavit filed by the appellant herein
  before the Family Court, Coimbatore, it was alleged that the
G respondent (appellant herein) was married to one Lakshmi on
  25.6.1980 as per the Hindu Marriage rites and customs and
  he had a male child, who is studying in C.S.I. Engineering
  college at Ooty. To prove his marriage with Lakshmi the
  appellant produced the ration card, voter's identitY, card of his
H
         D. VELUSAMY v. D. PATCHAIAMMAL                        713
              [MARKANDEY KAT JU, J.]
wife, transfer certificate of his son, discharge certificate of his    A
wife Lakshmi from hospital, photographs of the wedding, etc.

     10. The learned Family Court Judge has held by his
judgment dated 5.3.2004 that the appellant was married to the
 respondent and not to Lakshmi. These findings have been               8
 upheld by the High Court in the impugned judgment.

      11. In our opinion, since Lakshmi was not made a party
to the proceedings before the Family Court Judge or before
the High Court and no notice was issued to her hence any
declaration about her marital status vis-a-vis the appellant is        C
wholly null and void as it will be violative of the rules of natural
justice. Without giving a hearing to Lakshmi no such declaration
could have validly be given by the Courts below that she had
not married the appellant herein since such as a finding would
seriously affect her rights. And if no such declaration could have     D
been given obviously no declaration could validly have been
given that the appellant was validly married to the respondent,
because if Lakshmi was the wife of the appellant then without
divorcing her the appellant could not have validly married the
 respondent.                                                           E

     12. It may be noted that Section 125 Cr.P.C. provides for
giving maintenance to the wife and some other relatives. The
word 'wife' has been defined in Explanation (b) to Section
125(1) of the Cr.P.C. as follows :
                                                                       F
     "Wife includes a woman who has been divorced by, or has
     obtained a divorce from, her husband and has not
     remarried."

     13. In Vima/a (K) vs. Veeraswamy (K) [(1991) 2 SCC 375],          G
a three-Judge Bench of this Court held that Section 125 of the
Code of 1973 is meant to achieve a social purpose and the
object is to prevent vagrancy and destitution. Explaining the
meaning of the word 'wife' the Court held:
                                                                       H
    714    SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A         " .. the object is to prevent vagrancy and destitution. It
          provides a speedy remedy for the supply of food, clothing
          and shelter to the deserted wife. When an attempt is made
          by the husband to negative the claim of the neglected wife
          depicting her as a kept-mistress on the specious plea that
B         he was already married, the court would insist on strict
          proof of the earlier marriage. The term 'wife' in Section
          125 of the Code of Criminal Procedure, includes a woman
          who has been divo1ced by a husband or who has obtained
          a divorce from h,.e'r husband and has not remarried. The
c         woman not having the legal status of a wife is thus brought
          within the inclusive definition of the term 'wife' consistent
          with the objective. However, under the law a second wife
          whose marriage is void on account of the survival of the
          first marriage is not a legally wedded wife, and is,
          therefore, not entitled to maintenance under this provision."
D
         14. In a subsequent decision of this Court in Savitaben
    Somabhat Bhatiya vs. State of Gujarat and others, AIR 2005
    SC 1809, this Court held that however desirable it may be to
    take note of the plight of an unfortunate woman, who unwittingly
E   enters into wedlock with a married man, there is no scope to
    include a woman not lawfully married within the expression of
    'wife'. The Bench held that this inadequacy in law can be
    amended only by the Legislature.

         15. Since we have held that the Courts below erred in law
F
    in holding that Lakshmi was not married to the appellant (since
    notice was not issued to her and she was not heard), it cannot
    be said at this stage that the respondent herein is the wife of
    the appellant. A divorced wife is treated as a wife for the
    purpose of Section 125 Cr.P.C. but if a person has not even
G   been married obviously that person could not be divorced.
    Hence the respondent herein cannot claim to be the wife of the
    appellant herein, unless ltis established that the appellant was
    not married to Lakshmi.

H         16. However, the question has also be to be examined
        D. VELUSAMY v. D. PATCHAIAMMAL                       715
             [MARKANDEY KATJU, J.]
from the point of view of The Protection ·of Women from             A
Domestic Violence Act, 2005. Section 2(a) of the Act states :

    "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
                                                                    B
    violence by the respondent";

Section 2(f) states :

    "2(f) "domestic relationship" means a relationship between
    two persons who live or have, at any point of time, lived       c
    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";

Section 2(s) states :
                                                                    D

    "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          E
    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      F
    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   G
in case it-

    "3(a) harms or injures or endangers the health, safety, life,
    limb or well-being, whether mental or physical, of the
                                                                    H
    716     SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A         aggrieved person or tends to do so and includes causing
          physical abuse, sexual abuse, verbal and emotional abuse
          and economic abuse;" or

                                               (emphasis supplied)
B -       17. 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
c         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
D         aggrieved person, payment of rental related to the shared
          household and maintenance".

                                               (emphasis supplied)

      18. An aggrieved person under the Act can approach the
E 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).

F        19. 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.

        20. Having noted the relevant provisions in The Protection
  of Women from Domestic Violence Act, 2005, we may point
G 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
H in the Act. Since there is no direct decision of this Court on the
         D. VELUSAMY v. D. PATCHAIAMMAL                       717
              [MARKANDEY KAT JU, J.]
interpretation of this expression we think it necessary to           A
interpret it because a large number of cases will be coming up
before the Courts in our country on this point, and hence an
authoritative decision is required.

      21. In our opinion Parliament by the aforesaid Act has         8
drawn a distinction between the relationship of marriage and
a relationship in the nature of marriage, and has provided that
in either case the person who enters into either relationship is
entitled to the benefit of the Act.

     22. It seems to us that in the aforesaid Act of 2005            C
Parliament has taken notice of a new social phenomenon which
has emerged in our country known as live-in relationship. This
new relationship is still rare in our country, and is sometimes
found in big urban cities in India, but it is very common in North
America and Europe. It has been commented upon by this               D
Court in S. Khushboo vs. Kanniammal & Anr. (2010) 5 SCC
600 (vide para 31).

     23. When a wife is deserted, in most countries the law
provides for maintenance to her by her husband, which is called
                                                                     E
alimony. However, earlier there was no law providing for
maintenance to a woman who was having a live-in relationship
with a man without being married to him and was then deserted
by him.

     24. In USA the expression 'palimony' was coined which           F   '
means grant of maintenance to a woman who has lived for a
substantial period of time with a man without marrying him, and
is then deserted by him (see 'palimony' on Google). The first
decision on palimony was the well known decision of the
California Superior Court in Marvin vs. Marvin (1976) 18             G
C3d660. This case related to the famous film actor Lee Marvin,
with whom a lady Michelle lived for many years without marrying
him, and was then deserted by him and she claimed palimony.
Subsequently in many decisions of the Courts in USA, the
concept of palimony has been considered and developed. The           H
    718   SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R.


A ,, US Supreme Court has not given any decision on whether there
· ·is a legal right to palimony, but there are several decisions of
     the Courts in various States in USA. These Courts in USA have
     taken divergent views, some granting palimony, some denying
     it altogether, and some granting it on certain conditions. Hence
B in USA the law is still in a state of evolution on the right to
     palimony.

       25. Although there is no statutory basis for grant of palimony
  in USA, the Courts there which have granted it have granted it
C on a contractual basis. Some Courts in USA have held that
  there must be a written or oral agreement between the man and
  woman that if they separate the man will give palimony to the
  woman, while other Courts have held that if a man and woman
  have lived together for a substantially long period without getting
  married there would be deemed to be an implied or
D constructive contract that palimony will be given on their
  separation.

         26. In Taylor vs. Fields (1986) 224 Cal. Rpr. 186 the facts
    were that the plaintiff Taylor had a relationship with a married
E man Leo. After Leo died Taylor sued his widow alleging breach
    of an implied agreement to take care of Taylor financially and
    she claimed maintenance from the estate of Leo. The Court of
    Appeals in California held that the relationship alleged by Taylor
    was nothing more than that of a married man and his mistress.
F It was held that the alleged contract rested on meretricious
    consideration and hence was invalid and unenforceable. The
    Court of Appeals relied on the fact that Taylor did not live
  · together with Leo but only occasionally spent weekends with
    him. There was no sign of a stable and significant cohabitation
G between the two.

        27. However, the New Jersey Supreme Court in Devaney
  vs. L' Esperance 195 N.J., 247 (2008) held that cohabitation
  is not necessary to claim palimony, rather "it is the promise to
  support, expressed or implied, coupled with a marital type
H relationship, that are indispensable elements to support a valid
         D. VELUSAMY v. D. PATCHAIAMMAL                       719
              [MARKANDEY KATJU, J.]
claim for palimony". A law has now been passed in 2010 by            A
the State legislature of New Jersey that there must be a written
agreement between the parties to claim palimony.

    28. Thus, there are widely divergent views of the Courts
in U.S.A. regarding the right to palimony. Some States like
                                                                     8
Georgia and Tennessee expressly refuse to recognize palimony
agreements.

     29. Written palimony contracts are rare, but some US
Courts have found implied contracts when a woman has given
up her career, has managed the household, and assisted a             C
man in his business for a lengthy period of time. Even when
there is no explicit written or oral contract some US Courts have
held that the action of the parties make it appear that a
constructive or implied contract for grant of palimony existed.
                                                                     D
     30. However, a meretricious contract exclusively for sexual
service is held in all US Courts as invalid and unenforceable.

     31. In the case before us we are not called upon to decide
whether in our country there can be a valid claim for palimony
on the basis of a contract, express or implied, written or oral,     E
since no such case was set up by the respondent in her petition
under Section 125 Cr.P.C.

     32. Some countries in the world recognize common law
marriages. A common law marriage, sometimes called de facto          F
marriage, or informal marriage is recognized in some countries
as a marriage though no legally recognized marriage ceremony
is performed or civil marriage contract is entered into or the
marriage registered in a civil registry (see details on Google).

     33. In our opinion a 'relationship in the nature of marriage'   G
is akin to a common law marriage. Common law marriages
require that although not being formally married :-

      (a)   The couple must hold themselves out to society
            as being akin to spouses.                                H
    720     SUPREME COURT REPORTS [2010] 13 (AOOL.) S.C.R.


A          (b)   They must be of legal age to marry.

           (c)   They must be otherwise qualified to enter into a .
                 legal marriage, including being unmarried.

           (d)   They must have voluntarily cohabited and held
B                themselves out to the world as being akin to
                 spouses for a significant period of time.

          (see 'Common Law Marriage' in Wikipedia on Google)

C        In our opinion a 'relationship in the nature of marriage'
    under the 2005 Act must also fulfill the above requirements, and
    in addition the parties must have lived together in a 'shared
    household' as defined in Section 2(s) of the Act. Merely
    spending weekends together or a one night stand would not
    make it a 'domestic relationship'.
D
        34. In our opinion not all live in relationships will amount to
  a relationship in the nature of marriag8e to get the benefit of
  the Act of 2005. To get such benefit the conditions mentioned
  by us above must be satisfied, and tliis has to be proved by
E evidence. If a man has a 'keep' whom he maintains financially
  and uses mainly for sexual purpose and/or as a servant it would
  not, in our opinion, be a relationship in the nature of marriage'

         35. No doubt the view we are taking would exclude many
F   women who have had a live in relationship from the benefit of
    the 2005 Act, but then it is not for this Court to legislate or
    amend the law. Parliament has used the expression
    'relationship in the nature of marriage' and not 'live in
    relationship'. The Court in the grab of interpretation cannot
    change the language of the statute.
G
        36. In feudal society sexual relationship between man and
    woman outside marriage was totally taboo and regarded with
    disgust and horror, as depicted in Leo Tolstoy's novel 'Anna
    Karenina', Gustave Flaubert's novel 'Madame Bovary' and the
H
          D. VELUSAMY v. D. PATCHAIAMMAL                      721
               [MARKANDEY KAT JU, J.]
novels of the great Bengali writer Sharat Chandra                     A
Chattopadhyaya.

       37. However, Indian society is changing, and this change
has been reflected and recognized by Parliament by enacting
The Protection of Women from Domestic Violence Act, 2005.             8
     38. Coming back to the facts of the present case, we are
of the opinion that the High Court and the learned Family Court
Judge erred in law in holding that the appellant was not married
to Lakshmi without even issuing notice to Lakshmi. Hence this
finding has to be set aside and the matter remanded to the            C
Farr.;ly Court which may issue notice to Lakshmi and after
hearing her give a fresh finding in accordance with law. The
question whether the appellant was married to the respondent
or not can, of course, be decided only after the aforesaid finding.
                                                                      D
     39. There is also no finding in the judgment of the learned
Family Court Judge on the question whether the appellant and
respondent had lived together for a reasonably long period of
time in a relationship which was in the nature of marriage. In
our opinion such findings were essential to decide this case.
                                                                      E
Hence we set aside the impugned judgment of the High Court
and Family Court Judge, Coimbatore and remand the matter
to the Family Court Judge to decide the matter afresh in
accordance with law and in the light of the observations made
above. Appeals allowed.
                                                                      F
N.J.                                           Appeals allowed.