Stated that a live-in partner is not a woman’s husband or relative.
In a landmark decision, the Kerala High Court decided that live-in relationships are exempt from the provisions of Section 498A of the Indian Penal Code (IPC), which deals with abuse by a husband or his family. This decision is related to the case of Narayanan and Ors. Vs. State of Kerala where the woman committed suicide because of cruelty by her live-in partner. The court decided that women in live-in relationships are not entitled to use this section, which criminalizes cruelty to a married woman.
Justice Sophy Thomas noted that a woman must be lawfully married to the man alleged of cruelty or to the man whose family members are charged with cruelty through religious or customary rituals to seek protection under Section 498A. The judgment explicitly stated that a live-in relationship, regardless of duration or societal perception as a marriage, does not confer the legal status necessary to invoke this section. The High Court set aside the trial court’s convictions, underscoring that the couple’s “marriage agreement” did not hold legal validity. This decision delineates the legal boundaries concerning the applicability of Section 498A, focusing on the need for formal marital recognition.
This ruling has far-reaching implications for the legal status of live-in relationships in India. It highlights a significant gap in the legal protections available to individuals in such relationships, raising important questions about how the law can evolve to address issues of domestic abuse and cruelty in contexts outside of formal marriage.
In light of the increase in non-traditional ways of relationships particularly live-in relationships among the youth in India being huge in number and unavoidable, the main question arises- What kind of legislative actions have to be implemented as per the significance of the Kerala High Court’s decision to guarantee that those living together have sufficient protection against cruelty and other types of abuse?
CASE NAME: NARAYANAN AND ORS. VS. STATE OF KERALA
AMIRTHA. J, BA LLB, SYMBIOSIS LAW SCHOOL, INTERN UNDER LEGAL VIDHIYA.
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