The Supreme Court has ruled that Section 498A IPC applies to qualifying live-in relationships, strengthening legal protection against domestic cruelty.
In a significant ruling aimed at ensuring equal legal protection for women, the Supreme Court has held that Section 498A of the Indian Penal Code applies to live-in relationships that qualify as relationships “in the nature of marriage.”
The Supreme Court has clarified that women in live-in relationships which are “in the nature of marriage” cannot be denied protection under Section 498A of the Indian Penal Code (IPC), 1860. Delivering an important judgment on Monday (August 3), the Court observed that excluding such women from the ambit of the provision would amount to discriminatory treatment and defeat the objective of protecting women from domestic cruelty.
The ruling marks another significant step in recognising changing social realities while ensuring that the law remains responsive to the rights and dignity of women. The Court held that if a live-in relationship possesses the essential characteristics of a marriage, the man involved can be prosecuted for cruelty under Section 498A IPC.
Section 498A was introduced to address cruelty inflicted upon married women by their husbands or the husband’s relatives. Traditionally, the provision was invoked in cases involving legally recognised marriages. However, the Supreme Court noted that restricting its application only to formally married women would leave a substantial section of women without legal protection despite facing similar forms of abuse.
According to the Court, the purpose of Section 498A is to safeguard women from domestic violence and cruelty rather than merely regulate marital status. Therefore, where a relationship closely resembles a marriage in terms of commitment, cohabitation and shared domestic life, denying protection solely because the couple did not undergo a formal marriage ceremony would be inconsistent with the constitutional guarantee of equality.
The Bench observed that the expression “relationship in the nature of marriage” has already been recognised in Indian law, particularly under the Protection of Women from Domestic Violence Act, 2005. The Court stated that the same understanding can be applied while interpreting Section 498A IPC to prevent injustice and ensure that women in such relationships are not left remediless.
The judgment underlines that not every live-in relationship would automatically qualify for protection under Section 498A. Instead, courts must examine whether the relationship exhibits characteristics similar to a marriage. Factors such as the duration of cohabitation, shared household, social recognition, financial arrangements and the intention of the parties may be considered while determining whether the relationship falls within the expression “in the nature of marriage.”
By adopting this approach, the Supreme Court sought to strike a balance between preventing misuse of criminal law and ensuring that deserving victims are not excluded merely because of the absence of a legally solemnised marriage.
Legal experts believe the ruling reflects the judiciary’s evolving approach towards contemporary family structures. Over the years, the Supreme Court has repeatedly acknowledged that live-in relationships, though distinct from marriage, deserve legal recognition in appropriate circumstances, particularly where issues relating to women’s rights, maintenance, domestic violence and inheritance arise.
The latest judgment reinforces the constitutional principles of equality and non-discrimination. The Court observed that women who face cruelty in relationships functionally equivalent to marriage suffer the same emotional, physical and psychological consequences as legally married women. Consequently, excluding them from statutory protection would create an artificial distinction unsupported by the objectives of the law.
The decision is also expected to influence the interpretation of similar protective provisions under the newly enacted criminal laws, where courts may continue to adopt a purposive approach while safeguarding women’s rights.
The ruling comes at a time when live-in relationships have become increasingly visible in Indian society. Although such relationships continue to attract varying social opinions, the judiciary has consistently maintained that consenting adults have the freedom to choose their partners and cohabit without marriage. The present judgment builds upon that jurisprudence by ensuring that legal protections against domestic cruelty keep pace with changing social realities.
For women in qualifying live-in relationships, the judgment provides greater legal certainty and strengthens access to criminal remedies in cases involving abuse and harassment. At the same time, the Court reiterated that the determination of whether a relationship qualifies as one “in the nature of marriage” must depend on the facts and evidence of each individual case.
The judgment is likely to have far-reaching implications for criminal law and gender justice by reaffirming that the protection afforded by Section 498A is rooted in the objective of preventing cruelty against women rather than being confined to the technical existence of a formal marriage.
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