The Madras High Court has once again drawn attention to the fragile legal position of women in live-in relationships, stressing the urgent need for safeguards to prevent exploitation and emotional trauma. Observing that such relationships are becoming increasingly common, Justice S Srimathy remarked that they continue to be a cultural shock in Indian society and often leave women without the protections that marriage provides.
The court noted that many young women enter live-in arrangements believing them to be progressive and modern, only to later realise that they lack social acceptance and legal security. Without statutory recognition, women in such relationships are frequently left vulnerable when disputes arise or when promises made by their partners are withdrawn.
Live-in Relationships & Legal Vacuum
Justice Srimathy highlighted that, unlike marriage, live-in relationships do not automatically confer legal rights on women. As a result, women often face emotional distress and social stigma, particularly when the relationship ends abruptly. The court observed that in many cases, men walk away without accountability, while women are left to deal with the consequences alone, as reported by Live Law.
To address this imbalance, the bench suggested that live-in relationships could be treated on par with Gandharva marriages, a form of love marriage recognised in ancient Indian tradition. Such recognition, the court reasoned, would enable women in live-in relationships to claim rights similar to those of a wife, ensuring dignity and legal protection.
Case Linked To False Promise Of Marriage
The observations were made while hearing an anticipatory bail plea filed by a man accused of deceiving a woman with a false promise of marriage. According to the prosecution, the accused had entered into a sexual relationship with the complainant after assuring her that he would marry her. When their families objected, citing inter-caste differences, the couple moved to Trichy, rented a house, and began living together.
The situation escalated when the woman’s father lodged a missing complaint. The couple was subsequently brought to the police station, where the man allegedly reiterated his promise to marry her. However, his family opposed the relationship strongly, allegedly issuing threats due to caste considerations.
Court Flags Applicability Of BNS Provision
The petitioner denied the allegations, claiming the relationship had ended long ago. He also argued that he was financially dependent on his parents and therefore unable to marry. Seeking anticipatory bail, he maintained that no criminal offence had been committed, as per Times of India.
The High Court, however, took a different view. It pointed out that Section 69 of the Bharatiya Nyaya Sanhita (BNS), which deals with sexual intercourse obtained through deceit, was applicable. The court noted that the man had admitted to having a sexual relationship with the woman but later refused to marry her. It directed the police to include the said provision in the case.
The ruling has reignited debate on the legal status of live-in relationships and the need for clearer laws to protect women from deception and abandonment.
