The Supreme Court of India has ruled that women in long-term live-in relationships that resemble marriage are entitled to protection against domestic cruelty under Section 498A of the Indian Penal Code. The bench, led by Justice Sanjay Karol and Justice N. Kotiswar Singh, determined that excluding these women from legal safeguards merely because they are not formally married is unconstitutional and violates the right to equality under Article 14 of the Constitution. The court emphasized that the objective of the law is to prevent cruelty in a domestic setting, and such harm does not distinguish between formal and informal unions.
This decision clarifies that the legal protection, which was traditionally restricted to legally wedded wives, now extends to partners in relationships where an intent to marry is established. The court noted that live-in relationships are a growing reality in modern urban life, and the law must adapt to protect individuals in these domestic arrangements. While the ruling expands the scope of the law, it also includes a safeguard: the protection is not automatic for every cohabiting couple. It applies specifically to relationships that qualify as being in the nature of marriage, with the burden of proof resting on the complainant to establish this intent.
This judgment comes as the legal framework in India transitions from the Indian Penal Code to the Bharatiya Nyaya Sanhita. The court indicated that the principles established in this ruling will apply to the corresponding provisions in the new law, specifically Section 85. By recognizing the reality of modern domestic setups, the judiciary aims to ensure that women are not left vulnerable to abuse simply due to the absence of a formal marriage certificate. The ruling serves as a significant step in aligning legal protections with evolving social norms while maintaining the requirement for a serious, marriage-like commitment.