Case Title ; Dr. Lokesh BH & Ors. v. State of Karnataka & Anr.
The legal status of live-in relationships in India has once again come under the spotlight after the Supreme Court considered whether the protection against matrimonial cruelty under Section 498A of the IPC, now corresponding to Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023, can extend to certain live-in relationships.
The issue is important because Section 85 BNS specifically deals with cruelty by a husband or relative of the husband. The question, therefore, is whether a man who is not legally married to a woman can face prosecution under this provision when the relationship is similar to marriage.
The emerging legal position is that a genuine live-in relationship that is “in the nature of marriage” may receive legal protection in appropriate circumstances.However, this should not be understood to mean that every live-in relationship automatically falls within Section 85 BNS.
What Does Section 85 BNS Say?
Section 85 of the BNS provides punishment for a husband or relative of a husband who subjects a woman to cruelty. The offence is punishable with imprisonment of up to three years and fine.
What Is the Supreme Court’s View on Live-In Relationships?
The Supreme Court’s consideration of this issue is significant because Indian law increasingly recognises that relationships resembling marriage can create legal rights and responsibilities even when there is no formal marriage ceremony.
The key distinction is between an ordinary casualrelationship and a relationship in the nature of marriage.
Courts have traditionally considered factors such as:
• The duration of the relationship
• Whether the couple lived together as a household
• Whether they presented themselves socially as a couple
• Whether there was a shared domestic arrangement
• The degree of financial and emotional interdependence
Thus, the legal protection available to a woman in a live-in relationship depends heavily on the facts and circumstances of each case.
Does Section 85 BNS Apply to Every Live-In Relationship?
No, not automatically.
applicability of Section 85 BNS must be examined on the specific facts and the legal character of the relationship.
Frequently Asked Questions (FAQs)
1. Can Section 85 BNS/ Section 498A IPC apply to a live-in relationship?
It may apply in appropriate cases involving a relationship that is legally recognised as being in the nature of marriage, subject to the facts and the ingredients of the offence. It should not be assumed that every live-in relationship automatically attracts Section 85 BNS.
2. Can a woman in a live-in relationship file a domestic violence case?
Yes. The Protection of Women from Domestic Violence Act, 2005 recognises a relationship in the nature of marriage and provides remedies in appropriate cases, subject to the statutory requirements.
Conclusion
The Supreme Court’s approach to live-in relationships and Section 85 BNS represents an important development in Indian criminal and family law. The central issue is whether a relationship is genuinely “in the nature of marriage” and whether the allegations satisfy the statutory definition of cruelty.
The law is evolving alongside changing social relationships. However, the judgment should not be interpreted as giving Section 85 BNS automatic application to every live-in relationship. The nature of the relationship, evidence of domestic life and specific allegations of cruelty remain critical.
If you are involved in a matrimonial dispute, live-in relationship dispute, domestic violence case or prosecution under Section 85 BNS, professional legal advice is essential. Legal Crusader provides legal assistance in matrimonial disputes, domestic violence matters, criminal litigation and family law cases, helping clients understand their legal rights and available remedies.
