New Delhi: The Supreme Court on Monday ruled that a man in a live-in relationship can face prosecution for cruelty under Section 498A of the Indian Penal Code if the relationship was akin to a marriage and both partners had intended to marry.
What is Section 498A?
Section 498A of the Indian Penal Code deals with cruelty by a husband or his relatives. The SC said the law must evolve with changing social realities and ensure protection for individuals facing harassment in live-in relationships.
Court expands legal protection
A Bench comprising Justices Sanjay Karol and N. Kotiswar Singh held that the provisions of Section 498A of the Indian Penal Code (IPC) can extend to live-in relationships resembling marriage, even if the couple was not legally married. “Section 498A is held to be applicable to live-in relationships that qualify as relationships in the nature of marriage, with the intent to marry being established as an intrinsic part thereof,” the Court held, as reported by Bar and Bench.
Conditions for applicability
However, the apex Court made it clear that not every live-in relationship would attract the penal provision. It said the woman seeking protection must first establish that the relationship was in the nature of marriage and that both partners had intended to marry.
Case background
The case stems from a complaint by a woman who alleged that Dr Lokesh married her without revealing that his first marriage was still legally valid. She claimed that he and his family subjected her to dowry harassment, cruelty, and even attempted to burn her alive.
Lokesh argued before the Supreme Court that the alleged second marriage was legally void because his first marriage had not been dissolved.
As a result, he contended that he could not be treated as the complainant’s “husband” under Section 498A, which criminalises cruelty by a husband or his relatives.
High Court ruling upheld
The Karnataka High Court had rejected this argument, holding that Section 498A could extend not only to void or voidable marriages but also to live-in relationships that closely resemble marriage.
The Supreme Court agreed with this interpretation but introduced an important qualification, stating that such protection would apply only where there is an intention to marry.of the Indian Penal Code deals with cruelty by a husband or his relatives. The SC said the law must evolve with changing social realities and ensure protection for individuals facing harassment in live-in relationships.
