SC: Section 498A of IPC also applies to live-in partners

The Supreme Court on Monday, August 3, expanded the scope of Section 498A of the Indian Penal Code (IPC), ruling that the provision dealing with cruelty by a husband or his relatives would also apply to partners in live-in relationships.

A bench of Justices Sanjay Karol and N Kotiswar Singh said a man in a live-in relationship can be prosecuted for subjecting a woman to cruelty if the relationship is "in the nature of marriage." Section 498A originally refers to a woman's husband or his relatives subjecting her to cruelty.

"Section 498A is held to be applicable to 'live-in relationships' that qualify as 'relationships in the nature of marriage' with the intent to marry being established as an intrinsic part thereof," the bench said, adding that such protected relationships are those between two consenting adult individuals. The bench clarified that the extended interpretation is limited to Section 498A of the IPC and would not affect any other provision.

The court said safeguards against arrest and other factors must be strictly applied, and no person in a relationship "in the nature of marriage" accused of cruelty against a woman  whether the live-in partner or his relative shall be arrested without preliminary inquiries.

The bench observed that no person enters a relationship anticipating cruelty. "When a couple sets out on their journey, it is always, one presumes, with the best of intentions and to bring joyfulness of all forms. With the passage of time, however, some relationships may go down this troublesome path. The law must provide for the same," the bench said.

The court further held that distinguishing between "married" couples and those in a "live-in relationship in the nature of marriage," insofar as it relates to the protection under Section 498A, has no rational nexus with the objective of preventing domestic violence and is offensive to Article 14 of the Constitution of India, the bench said.

The judgment came while the court was examining whether a man in a live-in relationship can be prosecuted under Section 498A of the Indian Penal Code, 1860.

(With inputs from PTI)