Is Man Liable Under S.498A IPC For Cruelty To Live-In Partner? Supreme Court To Examine

The Supreme Court on Thursday is set to examine a significant legal question: whether a man in a live-in relationship, described as a “relationship in the nature of marriage”, can be prosecuted for cruelty under Section 498A of the Indian Penal Code, 1860 or the corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (Section 85).A Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh was hearing a Special Leave Petitioniled by Lokesh B.H. and others, challenging a November 18, 2025 judgment of the Karnataka High Court in criminal revision petitions.In its order dated February 13, 2026, the Bench recorded:“The pertinent question that arises for consideration in this petition is whether a man, who is in a live-in-relationship/a relationship in the nature of marriage with a woman, can be prosecuted for having committed an offence under Section 498A of the Indian Penal Code, 1860 or its corresponding Section in Bhartiya Nyaya Sanhita, 2023?”Section 498A IPC criminalises cruelty by a husband or his relatives towards a married woman. The Court's framing of the issue signals that it will examine whether the penal provision extends to partners in live-in relationships that are treated as akin to marriage.Considering the importance of the issue, the Court impleaded the Union of India through the Ministry of Law and Justice as a party respondent and directed the petitioners to file an amended cause title within one week.The Bench requested Additional Solicitor General Aishwarya Bhati to assist the Court on behalf of the Union. The Union has been granted time to file its response.The Court appointed Ms. Nina R. Nariman as amicus curiae to assist in the matter. She has been asked to file written submissions before the next date of listing. Pending consideration of the legal issue, the Court ordered a stay on all further proceedings in the case. The matter has been listed for March 9, 2026.The Special Leave Petition is filed against the judgment of the Karnataka High Court which held that Section 498A IPC is applicable to live-in relatioships as well.The complaint for the offence of domestic cruelty was filed by the woman alleging that the man had harassed her and tried to burn her in demand of dowry. The man was apparently having an earlier subsisting marriage. The case was sought to be quashed on the argument that Section 498A IPC cannot apply when the marriage is void ab initio.Rejecting this contention, the High Court held that the expression “husband” under Section 498A cannot be construed in a narrow or technical sense so as to exclude relationships that are in the nature of marriage. It observed that the object of Section 498A is to protect women from cruelty and that such protection cannot be denied merely because the marriage is void, voidable, or because the parties were in a live-in arrangement resembling marriage.The Court emphasised that where a couple cohabits and presents themselves as husband and wife, and the relationship bears the essential characteristics of marriage, criminal liability for cruelty may arise if the statutory ingredients are satisfied. "Even assuming that the relationship is not legally valid, the nature and substance of the relationship, rather than its formal legality, is determinative for the purpose of invoking Section 498A," Justice Suraj Govindraj of the High Court held."Where parties live together as husband and wife, and the woman is subjected to cruelty or harassment in that relationship, she cannot be left remediless merely because the man had concealed a subsisting marriage. The legislative intent behind Section 498A, being to suppress a social mischief, requires a liberal and purposive construction, more so when the man has married the woman, the woman is under the belief that she is legally married to the man, it was only the man who was aware that the marriage was void, which he seeks to take advantage of when prosecuted for a crime relating or in connection thereto," the High Court added.Finding that the complaint disclosed prima facie allegations requiring trial, the High Court refused to quash the proceeding.Case : Lokesh B.H and others v. State of KarnatakaClick here to read the order

Is Man Liable Under S.498A IPC For Cruelty To Live-In Partner? Supreme Court To Examine

LIVELAW NEWS NETWORK

Tags