It is an unprecedented decision on the part of the Supreme Court of India that has transformed the boundaries of family law in modern-day India. It has ruled that Section 498-A of IPC, which covers crimes of domestic cruelty and dowry abuse by a husband or members of his family, also extends to cases of women living in a live-in relationship.
Now covered under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), this important ruling has closed a vast legal loophole and ruled that marriage certificate is no more a necessary requirement to seek protection from domestic violence charges.
For the best advice, you must visit the best Supreme Court lawyer in Delhi Advocate Mukul Goyal.
Let us look into the finer aspects of this unprecedented ruling and understand the implications of this ruling.
The Genesis of Section 498A: Dr Lokesh B.H. v. State of Karnataka
The landmark judgment is in the case of Dr Lokesh B.H. & Ors. v. State of Karnataka & Anr., involving a Division Bench headed by Justice Sanjay Karol and Justice N. Kotiswar Singh.
In this particular case, the man tried to have the criminal prosecution against him dismissed as he felt that since there was no lawful marriage between him and the woman complaining against him, the provisions of Section 498-A could not be applied against him. His defense was the fact that as the provision specifically uses the term “husband,” the provision has to be applied strictly.
However, the Apex Court did not accept such a narrow interpretation and allowed the trial to go ahead as the accused had suppressed his previous marriage, lured the lady and thereafter caused physical injury and dowry demands.
"The Legal Turning Point": "Purposive Interpretation"
In order to give the criminal protection to live-in partners, the Supreme Court of India applied a legal concept called “purposive interpretation”. As stated by Justice Sanjay Karol, the basic idea behind Section 498-A is to discourage society from being cruel and violent towards women.
Two important aspects have been raised by the court in this matter:
1. The Reality of Modern Society: Live-in relations are a societal reality of modern India. Law needs to be dynamic enough to provide protection to those people who live in such changing social dynamics.
2. Article 14 (Equality of Rights): In this case, the Supreme Court has stated that denying criminal protection to live-in partners against domestic violence violates Article 14 of the Constitution. Abuse remains the same and giving different treatment to live-in partners without marriage ceremony has no logic at all.
Not Every Live-In Relationship Meets This Standard: The Strict Parameters
Although the judgment is highly progressive, the Supreme Court was mindful enough not to lay down a general law for all casual relationships. To qualify for filing a complaint under Section 498-A (or Section 85 BNS) in a live-in relationship, the relationship has to fulfill several strict parameters:
- As If It Were a Marriage: Using the standards laid down in the Protection of Women from Domestic Violence Act, 2005 (DV Act), the couple needs to be living like husband and wife. Some of the pointers include a joint household, common finances, stability in the domestic sphere, and social recognition as spouses.
- Intention to Marry Must Be There: The court made it clear that the relationship has to be between two consenting adults wherein there is a clear and proven intention to marry as an intrinsic part of the relationship.
- Involving Only Consenting Adults: The safeguard is applicable to stable arrangements involving only consenting adults. Casual relationships have been ruled out completely.
Justice Striking a Balance: In-Built Checks against Misinterpretations and Malpractices
In response to legitimate criticisms of the abuse of anti-cruelty legislation for settling personal vendettas, the Supreme Court instituted the following institutional checks and balances:
- Arnesh Kumar Guidelines: The Supreme Court directed the implementation of the traditional guidelines of Arnesh Kumar v. State of Bihar (2014) in live-in relationships.
- No Arbitrary Arrests: It is made crystal clear that no arbitrary arrest can be done by the police authority of the live-in partner or their relatives without proper investigations.
- Exclusive Interpreting of Clause: It is clearly stipulated that this interpretation is exclusive to Section 498-A IPC / Section 85 BNS only and will not affect other personal or inheritance or matrimonial laws.
The Verdict: A Better, More Equitable Future
Why was the civil remedy of protection under the DV Act inadequate? As per the judgment of the Supreme Court, though the DV Act contains civil remedies such as maintenance and joint custody, it fails to address the vital need for criminal accountability for extreme mental and physical torture.
In beautiful words of the historic bench, “Cruelty is not bothered whether the house it enters belongs to a married woman or not.”
India’s highest court has now made sure that through such a historic decision, the right to live without fear of violence has been ensured to all women, within or without wedlock. You just need to visit the best Supreme Court Lawyer in Delhi.
Frequently Asked Question:
Q1: What was the judgment made by the Supreme Court on Section 498-A and live-in relations?
A: In the case of Dr. Lokesh B.H. v. State of Karnataka (2026), it was determined that any woman, including those in live-in relationships, would be protected against domestic violence in accordance with Section 498-A IPC (Section 85 of Bharatiya Nyaya Sanhita/BNS). Marriage certificate is not required anymore for the purpose of seeking legal protection against abuse.
Q2: Is this ruling applicable for all types of live-in relationships?
A: Advocate Mukul Goyal says, “Not necessarily”. It is confined solely to live-in relationships where the couple involved are stable and have a “relationship in the nature of marriage”.
Q3: What constitutes a “relationship in the nature of marriage”?
A: There are certain factors which are taken into account when determining if a live-in relationship has a “nature of marriage”. These factors include cohabitation, common purse, stability, duration, and acceptance by society as a married couple.