Man in live-in relationship 'in nature of marriage’ can be prosecuted for cruelty towards woman: SC
The Supreme Court ruled that men in live-in relationships can be prosecuted for cruelty under Section 498A, expanding legal protection to women.
The Supreme Court has ruled that individuals in live-in relationships deemed "in the nature of marriage" can be prosecuted for cruelty towards a woman, effectively broadening the reach of India's anti-cruelty law for such couples. According to a bench of Justices Sanjay Karol and N Kotiswar Singh, excluding these women from the scope of the Penal Code's Section 498A, which criminalizes cruelty by a husband or his relatives, would constitute discriminatory treatment.
The court emphasized that while Section 498A refers to "husband," the provision should not be narrowly interpreted to deny protection to women in marriage-like relationships simply because their relationship was not formally solemnized. The ruling marks the first authoritative statement extending Section 498A to qualifying live-in relationships, provided they meet the judicially established criteria of being "in the nature of marriage" and both parties intended to marry.
This decision significantly expands the legal protection available to women in such relationships, ensuring they can seek criminal remedies for cruelty.
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