No Marriage Certificate? Supreme Court Says Live-In Partners Can Still Get Section 498A Protection

The Supreme Court has ruled that Section 498A of the Indian Penal Code, which criminalises cruelty by a husband or his relatives, will now extend to partners in live-in relationships. Section 498A of the Indian Penal Code deals with cruelty by a husband or his relatives, and the top court said the law must evolve with changing social realities to ensure protection for individuals facing harassment in live-in relationships. A bench of Justices Sanjay Karol and N Kotiswar Singh held that a man in a live-in relationship can be prosecuted for subjecting a woman to cruelty if the relationship is "in the nature of marriage".

The bench made clear that legal safeguards against cruelty cannot be confined to formal marriage alone, and that live-in partners need not necessarily be a man and a woman, recognising that such relationships can take different forms, reported LiveLaw.

Court Says Intent To Marry Is Key To The Test

The bench observed that a woman in a live-in relationship cannot be denied protection under the anti-cruelty provision merely because the couple was not legally married, provided the relationship carries the essential characteristics of marriage. The Court held that Section 498A applies where the live-in relationship qualifies as one in the nature of marriage, with "the intent to marry being established as an intrinsic part thereof." Denial of S*xual Intimacy Is Cruelty, Says Supreme Court; Dissolves Doctor Couple's Marriage.

However, the judges clarified that the ruling does not cover every live-in relationship, and a woman seeking this protection must first establish that the relationship was akin to marriage and that both partners intended to marry.

Excluding Live-In Partners Would Be Unconstitutional, Says Bench

The Court observed that excluding women in relationships resembling marriage from the protection of Section 498A would be inconsistent with the object of the law and could violate Article 14 of the Constitution. Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh reasoned that drawing a distinction between a married woman and a woman in a marriage-like relationship, for the purpose of protection against cruelty, is "offensive to Article 14 of the Constitution of India." ‘Shaanti Se Baitho, Dete Raho INR 15,000, Khush Raho’: Supreme Court Refuses Divorce to Man Paying Maintenance for 16 Years.

The Case Background

The matter arose from a complaint by a woman who alleged that the accused, Dr Lokesh, had married her without disclosing that his first marriage was still legally valid, and that he and his family subjected her to dowry harassment, cruelty and violence. Lokesh argued before the Supreme Court that since the alleged second marriage was void, he could not be treated as the woman's "husband" under Section 498A, but the Karnataka High Court had rejected this contention and the top court upheld that view.

What Section 498A Says

Section 498A prescribes imprisonment of up to three years and a fine for subjecting a woman to cruelty. The law defines cruelty as conduct likely to drive a woman to suicide, cause serious physical or mental harm, or harassment aimed at coercing unlawful demands for property or valuable security, including dowry.

(The above story first appeared on LatestLY on Aug 03, 2026 04:50 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).