Justice Suraj Govindaraj passed an important order on November 18 that has vastly expanded the meaning of “husband” under India’s anti-cruelty laws.
The court held that protection accorded to women against marital cruelty is not confined to legally valid marriages but also covers partners in relationships possessing the essential characteristics of a marriage, including long-term live-in arrangements.
This landmark interpretation ensures that men cannot escape liability for abuse simply because their relationship with the woman was legally void or voidable.
Live in Relationship: Closing a Legal Loophole
The ruling came during the hearing of a petition filed by a man attempting to dismiss a case lodged by his second partner. The man contended that the woman could not invoke Section 498A of the IPC now replaced by Sections 85 and 86 of the BNS because his first marriage was still legally valid, making the second relationship illegal. Therefore, he reasoned that the woman was not his “legally wedded wife.”
The court rejected this argument, recognizing it as an attempt to use a legal technicality to benefit the accused. The judge stressed that the purpose of Section 498A is to serve as a “remedial, socially beneficial safeguard” to protect a woman’s dignity and safety.
Live in Relationship: Void or Voidable Marriages
A husband who deceives a wife into believing they are legally married when he knows they are not, because for example he has a first spouse, cannot escape a conviction for cruelty.
The court explained, “A man who leads a woman to believe she is legally married to him, and then subjects her to cruelty, cannot avoid liability simply because the marriage is void in law.”
Marriage-Like Relationships:
The expression ‘husband’ is now held to extend to those in a live-in relationship that shares all the attributes of marriage. What remains essential to prosecution, however, is proof of the “ingredients of cruelty” as laid down by the law.
In expanding the definition of “husband,” the court allows the anti-cruelty provision to achieve the desired social goal; namely, the protection of women against cruelty, deception, and violence, regardless of the formal legal status of the union entered into by the parties.
This decision strengthens the legal standing of women in non-traditional or legally complicated relationships, confirming that the law favors substantial justice over mere technical defenses.
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What is Live-in Relationship?
A live-in relationship is essentially an arrangement in which two adults, not legally married, live together in a common household, establishing thereby a relationship that shared many attributes of marriage. It is a decision by two consenting adults to live together and create a partnership outside of traditional legal marriage.
Indian courts have repeatedly referred to these as a “relationship in the nature of marriage” while granting legal rights and protection to such partners, especially to the woman.
Should Partners File an Appeal Before Live-in?
No, cohabiting couples do not need to file an appeal, register, or obtain governmental permission prior to commencing cohabitation.
Unlike a legal marriage, which requires specific procedures, a live-in relationship is a matter of personal choice and a fundamental feature of the right to life and personal liberty guaranteed under Article 21 of the Indian Constitution. So long as both the parties are adults and their relationship is consensual, they do not need to notify any authority.
Are there strict Indian government rules?
There are no strict, dedicated Indian government rules or specific laws that govern all aspects of live-in relationships relating to the division of property or inheritance.
Instead, legal recognition and protection for live-in partners are derived primarily from the following judicial interpretations.
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