Section 498A IPC — Live-In Relationships · 3 August 2026

Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr.: A Man in a Live-In Relationship 'in the Nature of Marriage' Can Be Prosecuted for Cruelty Under Section 498A IPC

Supreme Court of India · 2026 LiveLaw (SC) 753

A woman who had lived with a man in a long-term relationship described as being 'in the nature of marriage,' with an established mutual intent to marry, filed a complaint alleging domestic cruelty against him. He challenged the resulting prosecution under Section 498A IPC, arguing that the provision's reference to a 'husband' applies only where a formally solemnised, legally valid marriage exists between the parties.

The Supreme Court (Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh) dismissed the challenge. It held that excluding women in relationships 'in the nature of marriage' from Section 498A's protection would amount to discriminatory treatment barred by Article 14 of the Constitution, and — reading the provision harmoniously with the wider definition of 'domestic relationship' under the Protection of Women from Domestic Violence Act, 2005 — ruled that a man in such a relationship can be prosecuted for cruelty under Section 498A IPC (now Section 85 of the Bharatiya Nyaya Sanhita), even without a formal marriage, provided the relationship genuinely meets the settled criteria of one 'in the nature of marriage.'

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