Women in live-in relationships must be granted status of 'wife': Madras HC

Madurai Bench says women in live-in relationships deserve legal protection when men withdraw marriage promises, invokes Section 69 of the Bharatiya Nyaya Sanhita while ruling on a case

The Madurai Bench of the Madras High Court has ruled that women in live-in relationships should be granted the legal status of a “wife” to ensure their protection, citing the concept of Gandharva marriage (an ancient form of love marriage recognised in Indian tradition). The court particularly emphasised safeguarding women in cases where men withdraw from promises of marriage after an intimate relationship.

 

Justice S Srimathy noted that courts have a duty to safeguard vulnerable women, as live-in relationships do not provide the same legal protections afforded to married women.

 

The ruling came while dismissing a petition for anticipatory bail filed by a man accused of having a sexual relationship with a woman under false promises of marriage. The case was registered at the Manapparai All Women police station in Tiruchirappalli district in Tamil Nadu.

 

 

What was the background of the case?

 

According to the prosecution, the man and woman had known each other since school. Their friendship evolved into a romantic relationship. The woman, a nursing diploma holder, alleged that the man repeatedly had sexual relations with her over several years, assuring her he would marry her, reported NDTV.

 

When the man’s family opposed the relationship, the couple moved out of their parental homes and stayed together in Tiruchirappalli, intending to marry. However, the marriage did not take place. The woman later approached police, claiming the man backed out after exploiting the relationship.

 

According to the report, in his defence, the accused admitted to the relationship but alleged the woman had other relationships and used that to justify his refusal to marry her. The court considered this a common tactic in such cases.

 

What did the court say about live-in relationships?

 

In dismissing the plea for anticipatory bail, the high court highlighted the vulnerability of women in live-in relationships and the social stigma they face. Justice S Srimathy stressed that courts must protect women in modern relationships, given the lack of legal safeguards that married women enjoy. She noted that men often exploit this legal grey area, presenting themselves as progressive initially, only to later question the woman’s character when the relationship sours.

 

While live-in relationships may seem a “cultural shock” in India, the judge observed they are now widespread. Many young women enter such arrangements believing them to be a modern choice, only to find that the law does not provide protections comparable to marriage, said Justice Srimathy.

 

What legal safeguards did the court emphasise?

 

The court invoked Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual relationships entered into based on deception or false promises of marriage. Justice Srimathy emphasised that men who renege on promises of marriage cannot evade legal consequences. She stated, “If marriage is not possible, men must face the force of law, adding that Section 69 of the BNS currently serves as a crucial provision to protect women in such situations.”

 

After examining the facts, the court concluded that a prima facie case under Section 69 of the BNS had been established against the accused and refused to grant him anticipatory bail.