In a significant judgment, the Supreme Court has ruled that a woman does not have to be legally married to seek protection from abuse or harassment by her partner. If she was in a live-in relationship similar to a marriage, she can still file a case under Section 498A, the law that deals with cruelty by a husband or partner.
The Court said a man can face prosecution under this law even if the couple never had an official wedding, provided they lived together like husband and wife and genuinely intended to marry.
According to the judges, denying legal protection to women in such relationships would be unfair and against the principle of equal protection under the law.
The Court explained that the purpose of Section 498A is to protect women from cruelty, harassment, and domestic abuse. That protection cannot be denied simply because there was no formal marriage.
However, the Court clarified that the ruling does not apply to every live-in relationship.
The couple must be adults who lived together in a relationship similar to marriage. There must also be clear evidence that the relationship was genuine and that both partners intended to marry.
The judges further clarified that this interpretation applies only to Section 498A and should not automatically be extended to other laws.
To prevent misuse of the provision, the Supreme Court said the police should not make immediate arrests. A proper inquiry must be conducted before any action is taken.
The judgment came while rejecting a man’s argument that he could not be prosecuted under Section 498A because he was never legally married to the woman.
In simple terms, the Supreme Court has made it clear that women in genuine, marriage-like live-in relationships are also entitled to legal protection against cruelty and harassment.
