E-Paper
Women in live-in relationships ought to be granted ‘wife’ status for protection, says Madras HC
The Madurai bench said that women in live-in relationships should receive protections similar to a wife, as men often tend to take advantage of the legal gap.
The Madurai bench of the Madras High Court recently observed that women in live-in relationships have to be granted the status of wife under the ancient concept of Gandharva marriage, to ensure their protection.
The bench made the remarks while dismissing an anticipatory bail plea filed by a man who was arrested by the Manapparai All Women Police Station in Tamil Nadu's Tiruchirappalli district. The man was accused of engaging in a sexual relationship with a woman under false promises of marriage, news agency ANI reported.
Noting the importance of the issue, Justice S Srimathy said that the courts have a responsibility to safeguard vulnerable women under the modern societal framework, as live-in relationships lack legal protections that are given to married women.
“In live-in relationship, the women ought to be protected by granting the status of ‘wife’ under Gandharva marriage/love marriage, so that the women in live-in relationship, even if it is under turbulence, may be provided with rights as wife,” Livelaw quoted the Madurai court as saying.
What was the case
A man, who was in a live-in relationship with a woman, was arrested by Manapparai All Women Police Station in Tamil Nadu's Tiruchirappalli district. According to the prosecution, the man had physical relations with her on multiple occasions after promising marriage, but later allegedly reneged on the promise.
The man appealed for an anticipatory bail when he was accused of engaging in a sexual relationship with a woman under false promises of marriage.
Rejecting the plea, the court filed a prima facie case under Section 69 of the Bharatiya Nyaya Sanhita (BNS) against the accused, which treats sexual relationships based on deception or false promises of marriage as a criminal offence.
The move aims to overcome exploitation of legal grey area
In the name of embracing modernity, men often tend to exploit this legal grey area, but later question the woman's character when their bond turns sour with time, Justice S Srimathy said.
Men may consider themselves "modern" while being in a relationship, but are quick to shame or blame women once things begin to fall apart, she said.
Although still viewed as a ‘cultural shock’ in India, live-in relationships have been a common affair in the Indian society. The judge noted that several young women enter such relationships with the urge to embrace the modern way of life, only to be disappointed later as the law does not extend protections to women in live-in relationships as it does to married women.
“The girls assume that they are modern and opt for a live-in relationship. But after some time, when they realise that live-in relationship is not granting any protection as granted under marriage, the reality catches as fire and starts burning them,” the court said as per the Livelaw report.
Justice Srimathy affirmed that men who take advantage of this in the name of modernity and renege on marriage promises cannot escape legal consequences. “If marriage is not possible, men must face the force of law,” she noted adding that Section 69 of the BNS currently serves as a crucial provision to protect women in such situations.
