New Delhi (India) August 4: The Supreme Court stated that provision in Section 498A Indian Penal Code(IPC) which makes the offence of cruelty by husband or relatives, can also be extended to include within its ambit partners living together in live-in relationships. The apex court stated that the law should be able to adapt to the changes that are occurring in our society, such that women who are in such relationships are also protected. 

The bench observed that provision for safeguards to protect women from cruelty shall not be limited to the institution of marriage alone. It also pointed out that live-in partners can be either man or woman or otherwise. 

Marriage-Like Live-In Partners Get Protection

The top court was hearing various petitions filed against the order of Karnataka High Court, who refused to quash criminal proceedings against the accused under Section 498A IPC. The accused maintained that Section 498A which talks about cruelty committed by husband and his relations over the woman could not be applied to the complainant as they did not undergo the institution of legal marriage.

The petition was heard by a Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh. Rejecting the above contentions raised by the accused, court held where the nature of the living arrangement between the complainant and her partner is proven to be in the nature of marriage, protection cannot be denied for the reason that the institution of marriage has not solemnized between the partners.

Burden On Woman To Establish Nature Of Relationship

The top court further stated that the burden to show that she is entitled to protection lies on the woman who is claiming it. It made the directives ofArnesh Kumar (2014) strict where Section 498A IPC is invoked in a relationship which is in the nature of marriage.

“If a woman is in a domestic setup even prior to marriage, which obviously, to a certain extent in the urban areas, is a reality today, the protection given to a married woman should be given to them also. Cruelty, any way, does not check at the door, whether the house it enters is that of a married woman or not,” Justice Karol said.

“Living together, prior to marriage, is not unheard of or unacceptable anymore. In the same way, that same-sex relations, once criminalised and deemed to be a mental illness, have now been decriminalised and recognised as naturally occurring,” the court added.

Section 498A Punishes Cruelty Against Women

Provision of Section 498A IPC stipulates rigorous imprisonment for a period which may extend to three years and fine to which the offender shall also be liable.

Cruelty means any act or conduct which is likely to drive the woman to suicide or to cause grave physical or mental pain to the woman, or harassment of the woman for the purpose of or, with the view to fulfilling any unlawful demand of property or any valuable security, etc.