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Supreme Court On Live In Relationship: The Supreme Court has made it clear that in cases of harassment or abuse by the spouse or his family, the live-in partner will have the same rights as the wife. Also, if a live-in relationship is in the nature of marriage and both parties intend to get married, Section 498-A of the Indian Penal Code, which deals with cruelty by the husband or his relatives, will now apply to the spouses in a live-in relationship, the court said on Monday. A bench of Justices Sanjay Karol and N. Koteshwar Singh said that Section 498-A can also apply to such live-in relationships that are established as a marital relationship.

Accused of hiding first marriage

The case reached the Supreme Court after the Karnataka High Court refused to quash the criminal proceedings against the accused. The woman alleged that the man married her by hiding the details of his first marriage and then tortured, brutalised and tried to kill her for her dowry. The accused argued that the alleged second marriage was legally invalid and therefore he could not be considered as a “husband” under Section 498-A.

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No direct arrest

The Supreme Court directed that the guidelines in the case of ‘Arnesh Kumar vs State of Bihar’ be followed regarding arrest and said that in such cases, arrest should not be made without preliminary inquiry. The court dismissed the appeal of the accused and said that there is no basis to quash the criminal proceedings in this case.

What is Section 498-A?

The Protection of Women from Domestic Violence Act, 2005, recognises live-in relationships, but it mainly provides for civil relief. On the other hand, Section 498-A provides for criminal liability.

The law is imposed against cruelty towards women by husbands or their relatives.
It carries a maximum imprisonment of 3 years and a fine.

The definition of ‘cruelty’ under Section 498-A generally includes acts that are likely to cause serious physical and mental harm to a woman or that involve harassment for dowry.

The ‘Indian Code of Judicial Procedure’ has come into force instead of the ‘Indian Penal Code’ from July 1, 2024. A provision similar to Section 498-A of the IPC has now been made in Section 85 of the BNS.