Not Just Married Couples, Live-In Partners Too Can Seek Protection Under Section 498A: Supreme Court

Last Updated:August 03, 2026, 12:29 IST

The Supreme Court has ruled that Section 498A can apply to live-in relationships resembling marriage if there was an intention to marry.

In a significant ruling that could have far-reaching implications for women in live-in relationships, the Supreme Court has held that Section 498A of the Indian Penal Code (IPC) can apply to relationships resembling marriage, provided there is evidence that the couple intended to marry.

However, the court clarified that this interpretation is limited to Section 498A and does not automatically extend to other criminal provisions.

According to Bar and Bench, the verdict came while the court dismissed an appeal filed by Dr Lokesh BH and others, challenging a November 2025 Karnataka High Court order that had refused to quash criminal proceedings against them.

The case originated from a complaint filed by a woman who alleged that Dr Lokesh had married her without disclosing that his first marriage was still legally subsisting.

She accused him and his relatives of subjecting her to dowry harassment, cruelty and even attempting to set her on fire.

Before the Supreme Court, Lokesh argued that the alleged second marriage was legally void because his first marriage had not been dissolved.

As a result, he contended that he could not be treated as the complainant’s “husband" under Section 498A, which criminalises cruelty by a husband or his relatives.

The Karnataka High Court had rejected this argument, holding that Section 498A could extend not only to void or voidable marriages but also to live-in relationships that closely resemble marriage.

The Supreme Court agreed with this interpretation but introduced an important qualification, stating that such protection would apply only where there is an intention to marry.

As quoted by Bar and Bench, the court observed that Section 498A was enacted to curb cruelty and dowry-related abuse against women and must be interpreted in light of its broader social purpose.

The Bench noted that the law was introduced to deter “reprehensible conduct" by husbands and their relatives and to advance constitutional guarantees of equality for women.

It added that legal interpretation must evolve with changing societal realities.

The court further observed that making a distinction between legally married women and women in relationships resembling marriage would bear no rational connection to prevent domestic cruelty.

Such a distinction, it said, could fall foul of Article 14 of the Constitution, which guarantees equality before the law.

The Supreme Court also rejected the argument that women in live-in relationships are adequately protected under the Protection of Women from Domestic Violence Act, 2005.

While acknowledging that the Domestic Violence Act recognises relationships like marriage, the court pointed out that it primarily provides civil remedies.

Section 498A, on the other hand, creates criminal liability and therefore requires a higher threshold for prosecution.

Clarifying the scope of its ruling, the Bench said its interpretation was confined specifically to Section 498A and should not automatically influence the interpretation of other penal provisions.

The court also reiterated the safeguards laid down in the Arnesh Kumar v. State of Bihar judgment regarding arrests in matrimonial disputes.

It directed that no live-in partner or relative accused of cruelty in such relationships should be arrested without a preliminary inquiry, reinforcing protections against unnecessary arrests.

Applying these principles to the present case, the Supreme Court found no grounds to interfere with the criminal proceedings against Dr Lokesh and the other accused. It held that the matter should proceed to trial and dismissed the appeal.

About the Author

Vani Mehrotra

Vani Mehrotra is the Deputy News Editor at News18.com. She has more than 10 years of experience in national and international news and has previously worked on multiple desks.

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