Man in live-in relationship 'in nature of marriage’ can be prosecuted for cruelty towards woman: SC

India's Supreme Court has ruled that men involved in live-in relationships that mirror the nature of marriage can face prosecution for cruelty against their female partners. The court emphasized that denying legal recourse to women in such unions solely because they lack a formal marriage certificate would constitute discriminatory treatment.

This landmark decision marks the first authoritative interpretation extending the penal provision, specifically Section 498A of the Indian Penal Code (IPC), to qualifying live-in relationships. The bench, comprising justices Sanjay Karol and N Kotiswar Singh, held that the law's intent is to combat domestic cruelty, which can manifest regardless of marital status.

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The same evil of domestic cruelty can manifest regardless of whether the woman has a formal marriage certificate or is in a relationship that bears all the essential characteristics of marriage.

The court clarified that this protection is not universal for all romantic or casual cohabitation arrangements. It applies only to relationships that meet a judicially established test of being "in the nature of marriage," with evidence indicating both parties intended to marry. The woman seeking to invoke the provision bears the initial burden of proving this intent.

The judgment arose from an appeal concerning criminal proceedings in Karnataka, where the accused challenged the charges on the grounds of not being formally married. The court's verdict underscored a purposive interpretation of the penal statute, prioritizing its social objective over a rigid, literal reading. This approach aims to prevent the law from being frustrated by technicalities and creating arbitrary distinctions between similarly situated women.

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The law must be interpreted in a manner that advances its social purpose rather than defeats it.