New Delhi: In a significant ruling, the Supreme Court has ruled that women living in marriage-like live-in relationships will also be legally protected under Section 498A of the Indian Penal Code (IPC). This section protects women from cruelty and harassment by their husbands or their relatives. However, the court clarified that this protection will only be available in cases where it is proven that both parties had the intention of marriage.
Marriage-like live-in relationships will also receive legal protection
A bench of Justices Nongmeikapam Kotiswar Singh and Sanjay Karol held that denying legal protection to women living in marriage-like live-in relationships, while granting this protection to married women, would violate the right to equality guaranteed under Article 14 of the Constitution.
Right to Equality Most Important: Supreme Court
The bench stated that Section 498A aims to protect women from mental and physical abuse by their husbands or their relatives. Limiting the benefits of this law only to legally married women would undermine the law’s fundamental purpose and contradict its spirit of protection from domestic violence.
The court also stated that it is not logical to distinguish between marriage and live-in relationships, as women can face similar abuse in both situations.
Karnataka High Court’s decision upheld
The Supreme Court made this observation while upholding the Karnataka High Court’s decision, which had refused to quash criminal proceedings against a man under Section 498A. The accused argued that since he was not legally married, Section 498A did not apply to him.
The ruling will not apply to every live-in relationship
The Supreme Court clarified that this ruling will not apply to all live-in relationships. Section 498A will only apply to relationships that are in the nature of marriage and where there is sufficient evidence to show that both parties intended to marry. This will ensure legal protection for women living in de facto marriage-like relationships.
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