Landmark Verdict: Section 498A Covers Live-in Relationships 'In the Nature of Marriage'

In a significant ruling that broadens legal protection for women, the Supreme Court on Monday held that Section 498A of the Indian Penal Code (IPC), which penalises cruelty by a husband or his relatives, will also apply to live-in relationships that are "in the nature of marriage."

A Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh ruled that a man in such a relationship can be prosecuted for subjecting his partner to cruelty, provided the relationship satisfies the legal test of resembling marriage and includes an intent to marry.

The court clarified that the expanded interpretation is strictly limited to Section 498A IPC and will not automatically extend to other legal provisions. It further emphasised that the protection applies only to consenting adult partners whose relationship qualifies as one "in the nature of marriage."

Highlighting constitutional principles, the Bench observed that denying women in such relationships the protection available to married women had no rational connection with the objective of preventing domestic violence and therefore offended Article 14, which guarantees equality before the law.

At the same time, the court stressed that procedural safeguards against arbitrary arrests must be followed. It directed that no accused, including the live-in partner or his relatives, should be arrested without preliminary inquiries and adherence to established legal safeguards.

The judges observed that people enter relationships with the expectation of companionship and happiness, not cruelty. However, when abuse occurs, the law must provide effective remedies regardless of whether the couple is formally married or shares a marriage-like relationship.

The verdict came while deciding a legal question on whether a man in a qualifying live-in relationship could face prosecution under Section 498A IPC. The ruling is expected to have far-reaching implications by extending statutory protection against cruelty to more women while balancing it with safeguards against misuse through mandatory preliminary scrutiny before arrests by investigating agencies.