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The Hindu·4 min read·hard

Can protection against domestic cruelty extend to live-in relationships? | Explained

R
Rizmi Lia M.
Can protection against domestic cruelty extend to live-in relationships? | Explained
✦AI Summary

The Supreme Court of India has ruled that protection against domestic cruelty under Section 498A of the IPC (now Section 85 of the BNS) extends to women in live-in relationships that are 'in the nature of marriage'. The court rejected the argument that the law only applies to legally valid marriages.

Why it matters

This legal precedent expands the scope of domestic violence protections to cover evolving social structures and non-traditional relationships.

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The story so far: In Dr Lokesh B.H. & Ors v. State of Karnataka & Anr , decided on August 3, 2026, the Supreme Court considered whether Section 498A of the Indian Penal Code (IPC) could apply to a man in a live-in relationship and whether the expression “husband” under the section is confined to a legally valid marriage.

The appellant argued that since he and the complainant were never validly married, Section 498A could not apply to him. The Karnataka High Court had rejected this argument and refused to quash the criminal proceedings against him. He appealed to the Supreme Court.

Rejecting the argument, a Bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh held that the protection under Section 498A is not confined to legally married women. It can also extend to women in live-in relationships that are “in the nature of marriage”, subject to certain conditions.

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