Supreme Court Extends Domestic Cruelty Laws to Live-In Relationships

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Key takeaways

The Supreme Court in Dr. Lokesh B.H. v. State of Karnataka (2026) extended protection against domestic cruelty under Section 498A IPC (now Section 85 BNS) to women in live-in relationships.
To claim this criminal protection, the relationship must qualify as a relationship in the nature of marriage and show a clear intent to marry.
Denying this protection to live-in partners while granting it to married women violates Article 14 of the Constitution due to lack of rational nexus.
The Court mandated strict compliance with Arnesh Kumar v. State of Bihar (2014) guidelines, requiring a mandatory preliminary inquiry before any arrest.

The Supreme Court ruled in Dr. Lokesh B.H. v. State of Karnataka (2026) that Section 498A IPC also applies to women in live-in relationships.
This provision, which is now Section 85 of Bharatiya Nyaya Sanhita (BNS), protects live-in partners if the relationship resembles a marriage and shows an intent to marry.

The Court used a purposive approach to interpret Section 498A IPC, focusing on its main goal to prevent domestic cruelty regardless of formal marriage status.
Historically, this law protected only legally married women, but courts gradually extended it to women tricked into void or voidable marriages.
Denying criminal protection to women in eligible live-in relationships while giving it to married women violates Article 14 of the Constitution.
The Court borrowed the term 'relationship in the nature of marriage' from the Protection of Women from Domestic Violence Act, 2005.
Such relationships must show shared finances, a common household, long-term stability, and public recognition as husband and wife.

The woman in the live-in relationship carries the initial burden to prove that both partners intended to marry.
Because this law imposes criminal liability, judges will apply a higher standard of proof to test this intention.
The Protection of Women from Domestic Violence Act, 2005 offers civil solutions like financial maintenance and protection orders.
In contrast, Section 498A IPC and Section 85 BNS deal with criminal punishment to deter abusers directly.

To prevent misuse, the Court ordered strict implementation of the Arnesh Kumar v. State of Bihar (2014) ruling.
Police cannot arrest a live-in partner or their relatives immediately without completing a mandatory preliminary inquiry first.