The Supreme Court has held that protection against domestic cruelty under Section 498A of the Indian Penal Code can extend to women in live-in relationships that qualify as relationships in the nature of marriage.
The judgment came while the Court considered whether a man could be prosecuted under Section 498A despite the absence of a formally solemnised marriage between the parties.
Protection Not Limited to Married Women
The Court took a broader view of the purpose behind Section 498A, which was enacted to protect women from cruelty within a domestic setting.
The Bench observed that the existence of a formal marriage cannot, by itself, determine whether a woman is entitled to protection from domestic cruelty.
The Court also took note of the increasing prevalence of live-in relationships between consenting adults, particularly in urban areas, and held that the law must be interpreted in a manner that responds to contemporary social realities.
Marriage-Like Relationship Is Essential
The ruling does not mean that every live-in relationship will automatically come within Section 498A.
The Court specifically referred to relationships that qualify as “relationships in the nature of marriage.”
For the protection to apply, the relationship must possess characteristics sufficiently similar to marriage. The Court also considered the intention to marry to be an important element in determining whether a relationship falls within this category.
Therefore, the nature and circumstances of each relationship would have to be examined on its own facts.
Court Rejects Formal-Marriage-Only Approach
The Court reasoned that cruelty does not necessarily depend on the formal status of the relationship.
A woman living in a marriage-like domestic arrangement may face the same forms of cruelty and vulnerability that the law seeks to address within a marital household.
Accordingly, denying protection solely because the relationship was not formally solemnised as a marriage would not be consistent with the protective purpose of Section 498A.
Social Reality Considered by Court
The Bench also acknowledged that living together before marriage is no longer an unfamiliar social phenomenon.
The Court observed that legal interpretation cannot remain disconnected from changes in society. At the same time, the Court maintained the distinction between an ordinary live-in arrangement and a relationship that has the essential characteristics of marriage.
The ruling therefore seeks to balance the protective purpose of Section 498A with the need to identify whether the particular relationship actually falls within the category of a marriage-like domestic relationship.
What About the BNS?
The proceedings before the Supreme Court concerned Section 498A of the IPC.
The IPC has since been replaced by the Bharatiya Nyaya Sanhita, 2023. The corresponding provisions dealing with cruelty by a husband or his relatives are contained in Sections 85 and 86 of the BNS.
The present judgment specifically examined the scope of the erstwhile Section 498A in the context of the case before the Court.
Criminal Proceedings Allowed to Continue
The Supreme Court did not conclude that the allegations against the accused had been proved.
Instead, the Court considered whether the absence of a formal marriage was sufficient to prevent prosecution under Section 498A and held that it was not, where the relationship meets the characteristics of a relationship in the nature of marriage.
The criminal proceedings were consequently allowed to proceed in accordance with law.
The ruling establishes that formal marital status alone cannot determine whether a woman is protected against domestic cruelty when the relationship is otherwise marriage-like and falls within the scope recognised by the Court.
Case Details
Case: Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr.
Court: Supreme Court of India
Bench: Justice Sanjay Karol-led Bench
Date of Judgment: August 3, 2026
Provision Considered: Section 498A, IPC
Corresponding BNS Provisions: Sections 85 and 86
Supreme Court, domestic cruelty, Section 498A, live-in relationship, marriage-like relationship, IPC, BNS, Section 85, legal news, Supreme Court judgment
