The Supreme Court has ruled that the legal protection against cruelty under Section 498A of the Indian Penal Code (IPC) can also apply to certain live-in relationships.
However, the ruling does not cover every couple living together.
So, who does this protection apply to? Why did the Supreme Court hear this case? And what does it mean for live-in relationships in India?
Here is everything you need to know.
Why Did This Case Reach The Supreme Court?
The Supreme Court was hearing appeals against a Karnataka High Court order that had refused to quash criminal proceedings against a man accused under Section 498A of the IPC and other related offences.
The accused argued that since there was no legally valid marriage between him and the complainant, Section 498A, which deals with cruelty by a husband or his relatives towards a woman, could not be applied.
The matter was heard by a bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh.
The Supreme Court rejected this argument and held that where a live-in relationship is found to be "in the nature of marriage", protection under the anti-cruelty law cannot be denied only because there was no formal marriage.
Are Live-In Relationships Legal In India?
Yes.
Indian law does not prohibit live-in relationships between consenting adults.
The Supreme Court has repeatedly recognised that two adults have the right to choose their partner and live together.
However, India does not have a separate law that completely governs live-in relationships.
Instead, courts have examined such relationships on a case-by-case basis and extended certain protections when they resemble marriage.
Such relationships are legally described as relationships "in the nature of marriage".
What Is Section 498A?
Section 498A was inserted into the Indian Penal Code (IPC) in 1983 to protect married women from cruelty by their husbands or their husbands' relatives.
Under the provision, cruelty includes:
Any wilful conduct that is likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or physical or mental health.
Harassment of a woman with the intention of forcing her or her relatives to meet an unlawful demand for property or valuable security, including dowry-related demands.
A person convicted under Section 498A could face imprisonment of up to three years and a fine.
After the IPC was replaced by the Bharatiya Nyaya Sanhita (BNS) in 2024, the corresponding provision dealing with cruelty by a husband or his relatives is Section 85 of the BNS.
Does Section 498A Apply To Every Live-In Relationship?
No.
The Supreme Court has not ruled that every live-in relationship automatically comes under Section 498A.
The relationship must first meet the legal test of being "in the nature of marriage".
The Supreme Court had earlier explained this concept in cases such as D. Velusamy v. D. Patchaiammal (2010) and Indra Sarma v. V.K.V. Sarma (2013).
Courts may consider factors such as:
Whether the couple lived together for a considerable period.
Whether they shared a household.
Whether they presented themselves as a couple before society.
Whether the relationship had stability and continuity similar to marriage.
No single factor decides the matter. Courts examine the overall circumstances.
Why Is The Judgment Important?
The ruling expands the legal protection available to women in certain live-in relationships.
Earlier, Section 498A was primarily associated with cruelty against married women.
The Supreme Court has clarified that legal protection cannot be denied only because a couple did not formally marry, if their relationship meets the standard of being "in the nature of marriage".
At the same time, the judgment does not extend criminal liability to every relationship where two people live together.
Does This Make Live-In Relationships Equal To Marriage?
No.
The Supreme Court judgment does not make live-in relationships legally equal to marriage.
It only deals with protection against cruelty under Section 498A of the IPC and Section 85 of the BNS.
It does not automatically provide all rights available to married couples, including rights related to inheritance, succession, or other matrimonial benefits.
Such issues continue to depend on separate laws and judicial decisions.
The Bottom Line
The Supreme Court's ruling clarifies that women in certain live-in relationships can seek protection against cruelty under criminal law.
However, the protection is not automatic.
Courts will continue to examine whether a relationship was genuinely "in the nature of marriage" before deciding whether Section 498A or Section 85 of the BNS applies.
TL;DR | News At Glance
What did the Supreme Court rule?
Section 498A protection can apply to live-in relationships that are found to be "in the nature of marriage".
Why did the case reach the Supreme Court?
The accused argued that Section 498A could not apply because there was no valid marriage. The Supreme Court rejected this argument.
Are live-in relationships legal in India?
Yes. Indian courts have recognised the right of consenting adults to live together.
Does every live-in relationship qualify?
No. Courts will examine the nature of the relationship before deciding whether legal protection applies.
Does this make live-in relationships equal to marriage?
No. The ruling only extends protection against cruelty under Section 498A of the IPC and Section 85 of the BNS.
