Landmark Judgment Recognizes “Relationship in the Nature of Marriage” and Upholds Criminal Liability for Cruelty in Such Live-in Relationships, with Safeguards Against Misuse
In a significant ruling delivered on August 3, 2026, the Supreme Court of India in the case of Dr. Lokesh B.H. v. State of Karnataka has expanded the scope of Section 498A of the Indian Penal Code, 1860 (IPC) to include live-in relationships that qualify as "relationships in the nature of marriage." The court held that individuals in such relationships are entitled to protection against cruelty akin to that afforded to legally married women, thereby reflecting a purposive interpretation of the penal provision in light of contemporary social realities.
The appeal arose from a dispute where the appellant denied having a valid marriage with the respondent, claiming that Section 498A—designed to protect married women from cruelty by their husbands or relatives—should not apply. The Karnataka High Court had rejected this narrow interpretation, emphasizing that the term "husband" should be expansively construed to include relationships bearing the trappings of marriage, even if the marriage was void or voidable. The Supreme Court upheld this approach.
The judgment thoroughly analyzed the statutory language and legislative intent behind Section 498A, introduced in 1983 to curb cruelty and harassment faced by married women, particularly in the context of dowry-related abuse. While penal statutes typically require strict construction, the court emphasized that literalism should not defeat the legislative purpose. Citing prior decisions, the Court stressed a purposive interpretation that accounts for social context and the evolving nature of personal relationships.
Crucially, the Court distinguished between "live-in relationships" and "relationships in the nature of marriage" as defined under the Protection of Women from Domestic Violence Act, 2005 (DV Act). It clarified that only those live-in relationships exhibiting characteristics such as cohabitation, holding out as spouses, pooling resources, domestic arrangements, sexual relations, socialization as spouses, and intent to marry are covered under Section 498A. The Court rejected the contention that the civil remedies under the DV Act suffice, noting that Section 498A provides a specific criminal remedy for cruelty which cannot be excluded on this ground.
The ruling also highlighted constitutional dimensions, invoking Articles 14, 15, and 21, which guarantee equality and personal liberty, including the right to choose a partner and live-in relationships. The Court found no rational basis to exclude such relationships from protection, observing that doing so would violate the equality guarantee by creating an arbitrary class distinction between women in marital and qualifying live-in relationships.
Acknowledging the potential for misuse of Section 498A, the Court mandated strict adherence to procedural safeguards established in Arnesh Kumar v. State of Bihar before arresting individuals accused under the Section. Preliminary inquiry and judicial scrutiny are essential to prevent harassment through frivolous complaints, particularly in the sensitive context of live-in relationships.
The Court concluded that Section 498A IPC applies to live-in relationships that qualify as "relationships in the nature of marriage" and that the intent to marry is an intrinsic part of such protection. This extension is confined to Section 498A and does not affect other legal provisions. The trial court is at liberty to proceed with the case in accordance with law, and the appeals for quashing the proceedings were dismissed.
This landmark judgment reflects the judiciary's recognition of changing societal norms and adapts criminal law to protect women facing cruelty in non-traditional domestic setups, ensuring justice while balancing safeguards against misuse.
Bottom Line:
Section 498A IPC applies to live-in relationships that qualify as "relationships in the nature of marriage" with intent to marry, extending protection against cruelty beyond legally valid marriages.
Statutory provision(s):
Indian Penal Code Section 498A, Section 304B, Code of Criminal Procedure Section 125, Protection of Women from Domestic Violence Act, 2005 Section 2(f), 3, 17, 20, 21, 22, 23, 25, 28, 31
Dr. Lokesh B.H. v. State of Karnataka, (SC) : Law Finder Doc id # 2952262
