Madras HC: Women in live-in relationships should be given 'wife' status

The Madras High Court's Madurai Bench ruled that women in live-in relationships should be granted 'wife' status for protection, citing Gandharva marriage, while denying bail to a man accused of reneging on a marriage promise after a relationship.

The Madurai Bench of the Madras High Court has ruled that women in live-in relationships should be granted the status of "wife" to ensure their protection, citing the ancient concept of Gandharva marriage. This landmark decision came while dismissing a petition for anticipatory bail filed by a man accused of having a sexual relationship with a woman under false promises of marriage.

Justice S Srimathy emphasised that courts have a duty to safeguard vulnerable women in modern relationships, as live-in relationships lack the legal protections afforded to married women. Srimathy made these observations while dismissing a petition seeking anticipatory bail filed by a man who was apprehended by the Manapparai All Women Police Station in Tiruchirappalli district.

Duty to Safeguard Vulnerable Women

According to the prosecution, the man was in a live-in relationship with a woman and had physical relations with her on multiple occasions after promising marriage, but later allegedly reneged on the promise. Rejecting the plea, the judge emphasised that courts have a duty to safeguard vulnerable women in modern relationship arrangements. The judge noted that men often exploit this legal grey area, initially embracing modernity but later questioning the woman's character when the relationship sours.

Application of Bharatiya Nyaya Sanhita

The court invoked Section 69 of the Bharatiya Nyaya Sanhita (BNS), which treats sexual relationships based on deception or false promises of marriage as a criminal offence.

Navigating Modern Relationships and Legal Gaps

While live-in relationships may be viewed as a "cultural shock" in India, the judge noted that they have now become common. Many young women enter into such relationships believing them to be a modern choice, only to later realise that the law does not automatically extend protections similar to those available in marriage.

Justice Srimathy stressed that men who renege on marriage promises cannot escape legal consequences, stating, "If marriage is not possible, men must face the force of law, adding that Section 69 of the BNS currently serves as a crucial provision to protect women in such situations.

Bail Denied Amidst Final Observations

Concluding that a prima facie case under Section 69 of the BNS was made out against the accused, the court refused to grant him anticipatory bail.

The judge further pointed out a disturbing tendency among men who willingly engage in live-in relationships to later question a woman's character when the relationship deteriorates. According to her, men may consider themselves "modern" while being in a relationship, but are quick to shame or blame women once things begin to fall apart. (ANI)

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