The Supreme Court has ruled that a man in a live-in relationship “in the nature of marriage” can be prosecuted for cruelty under Section 498A of the Indian Penal Code.
A bench of Justices Sanjay Karol and N Kotiswar Singh held that excluding women in such relationships from criminal protection merely because they lack a formal marriage certificate would amount to discriminatory treatment. The court observed that the same evil of domestic cruelty can occur whether or not a formal marriage exists.
The protection is not automatic. It applies only to relationships that meet the judicial test of being “in the nature of marriage,” based on factors such as duration, shared household, pooled finances, social presentation as spouses, and presence of children. Additionally, there must be evidence of a mutual intention to marry. The woman invoking the provision bears the initial burden of proving this intent. Casual or transient relationships remain outside the scope.
The court rejected the argument that the Protection of Women from Domestic Violence Act, 2005, already provides sufficient remedies. It clarified that the Act offers civil reliefs, while Section 498A creates criminal liability. Both can operate independently.
Safeguards against misuse under the Arnesh Kumar judgment continue to apply in full. The ruling, arising from a Karnataka case, marks the first authoritative extension of Section 498A to qualifying live-in relationships.
