In a significant step towards strengthening women’s rights, the Supreme Court of India, in a judgment delivered by Justice Sanjay Karol and Justice N. K. Singh, has held that the protection available under Section 498A of the Indian Penal Code (and its corresponding provision, Section 85 of the Bharatiya Nyaya Sanhita, 2023) may also extend to women in live-in relationships that are “in the nature of marriage.” The Court recognised that society has evolved and the law must adapt to ensure that women in genuine marriage-like relationships are not left without legal protection merely because their relationship was not formally solemnised.
However, the Court also clarified that this protection is not available to every live-in relationship. A woman seeking relief must establish, through evidence, that the relationship possessed the essential characteristics of a marriage—such as long-term cohabitation, social recognition as husband and wife, and other relevant circumstances. Simply living together for a period of time would not automatically attract the protection of Section 498A. The Court also acknowledged concerns regarding misuse of the provision and emphasised that each case must be assessed on its own facts.
This landmark ruling reflects the judiciary’s commitment to balancing legal safeguards with changing social realities, ensuring that genuine victims of cruelty in marriage-like live-in relationships are not denied access to justice merely due to the absence of a formal marriage certificate.
