The Supreme Court on Monday ruled that a man in a live-in relationship can be prosecuted for cruelty under Section 498A of the Indian Penal Code (IPC) if the relationship was in the nature of marriage and there was a clear intention between the parties to marry.
A Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh held that the protection under Section 498A is not confined to legally valid marriages and can extend to certain live-in relationships resembling marriage.
The Court observed that Section 498A applies to live-in relationships that resemble a marriage, provided there is a clear intention to marry
At the same time, the Bench clarified that the provision would not apply to every live-in relationship. The woman invoking the protection of Section 498A must first establish that the relationship was akin to marriage and that both parties intended to marry.
The ruling came while dismissing an appeal filed by Dr. Lokesh B.H. and others against a Karnataka High Court judgment of November 2025 refusing to quash criminal proceedings against them.
The case stemmed from allegations by a woman that Lokesh had married her while concealing the fact that his first marriage was still subsisting. She accused him and his family members of subjecting her to dowry harassment, cruelty and even attempting to set her on fire.
Lokesh argued that since the alleged second marriage was void, he could not be treated as the woman’s “husband” under Section 498A. The Karnataka High Court rejected the contention, holding that the provision could extend to void or voidable marriages as well as marriage-like live-in relationships.
Affirming the High Court’s broader view, the Supreme Court held that such protection would be available only where there was sufficient material to establish an intention to marry.
The Bench emphasised that Section 498A was enacted to curb cruelty against women and advance the constitutional guarantee of equality. It observed that excluding women in relationships resembling marriage from the protection of the penal provision would be inconsistent with the object of the law and could violate Article 14 of the Constitution.
The Court also rejected the contention that the Protection of Women from Domestic Violence Act, 2005 sufficiently safeguards women in live-in relationships. While acknowledging that the Domestic Violence Act recognises relationships in the nature of marriage, the Bench pointed out that it primarily provides civil remedies, whereas Section 498A creates criminal liability and therefore requires a stricter threshold.
Clarifying that its ruling was confined to the interpretation of Section 498A, the Court said it should not automatically govern the interpretation of other penal provisions.
The Bench further directed police authorities to strictly follow the safeguards against arrest laid down in Arnesh Kumar v. State of Bihar. It held that no person accused of cruelty in a marriage-like live-in relationship, including relatives, should be arrested without a preliminary inquiry.
Finding sufficient grounds for the criminal trial to continue, the Supreme Court dismissed the appeal and declined to quash the proceedings.
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