Key Terms & Concepts — UPSC Mains
D. Velusamy v. D. Patchaiammal (2010)
"The Supreme Court judgment that laid down the four-fold test for what qualifies as a 'relationship in the nature of marriage' under Indian law."
D. Velusamy v. D. Patchaiammal (2010) arose under the Protection of Women from Domestic Violence Act, 2005, which extends its civil remedies to women in a 'relationship in the nature of marriage.' The Supreme Court set out four conditions: the couple must hold themselves out to society as spouses; they must be of legal age to marry; they must be otherwise qualified to marry, including being unmarried; and they must have voluntarily cohabited and held themselves out as spouses for a significant period. The Velusamy test remained confined to civil remedies under the 2005 Act for over a decade, until the Supreme Court, in Dr. Lokesh B.H. v. State of Karnataka (2026), carried the same category from civil into penal territory under Section 498A IPC (Section 85 BNS).
Prelims tests the case name and the four-fold test; Mains uses it as the legal foundation whenever a question involves live-in relationships, the Domestic Violence Act, or the 2026 extension of Section 498A.
- 1 Decided by the Supreme Court in 2010, interpreting Section 2(f) of the PWDVA, 2005.
- 2 Four-fold test: holding out as spouses, legal age to marry, otherwise qualified to marry, and significant-duration cohabitation.
- 3 Originally confined to civil remedies; extended into criminal law in 2026 by Dr. Lokesh B.H. v. State of Karnataka.
In extending Section 498A to live-in relationships in 2026, the Supreme Court drew on the category first defined by the Velusamy test, adding a further requirement that both parties intended to marry.
