'Cultural Shock, But Happening Widely': Court On Live-In-Relationships

The Madras High Court has made far-reaching observations on live-in relationships, calling them a "cultural shock" to Indian society while acknowledging that such relationships are now "happening widely everywhere." The court went on to moot granting women in live-in relationships the status of a "wife" to ensure legal protection, particularly in cases where men withdraw from promises of marriage after an intimate relationship.

The observations were made by Justice S Srimathy of the Madurai Bench while dismissing a petition for anticipatory bail filed by a man accused of having a sexual relationship with a woman on the promise of marriage and later refusing to marry her.

Background Of The Relationship

According to the prosecution, the man and the woman had known each other since their school days, with their friendship gradually developing into a romantic relationship. The woman, a nursing diploma holder, alleged that the man repeatedly had sexual relations with her over several years, assuring her that he would marry her.

When the man's family opposed the relationship, the couple reportedly left their parental homes and stayed together in Tamil Nadu's Tiruchirapalli district with the intention of getting married. However, the marriage did not materialise. The woman later approached the police, alleging that the man backed out of his promise after exploiting the relationship.

In his defence, the accused admitted to the relationship but sought to distance himself from the woman by questioning her character, claiming that he discovered she had relationships with other men and therefore decided not to marry her. The court viewed this as a common pattern in such cases.

Court's Sharp Observations

Dismissing the plea for anticipatory bail, the High Court made strong remarks on the vulnerability of women in live-in relationships and the social stigma they face.
"Live-in relationship is a cultural shock to the Indian society, but it is happening widely everywhere," the court said, noting that many young men and women assume they are modern when they opt for such arrangements.

The judge observed that women often realise too late that live-in relationships do not provide the legal protections available under marriage. "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 order said.

The court also highlighted how affected women hesitate to speak out. "Especially the said women are afraid of naming and shaming," the judge noted. At the same time, the court criticised men who initially portray themselves as progressive but later turn accusatory. "The boys suddenly would take a stand, accusing the character of the girls," the order said, adding that men often weaponise character assassination when relationships sour.

'Men Must Face The Wrath Of Law'

Referring to Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual intercourse by deceitful means or false promise of marriage, the court made it clear that men cannot escape legal consequences after reneging on such promises. "If marriage is not possible, then the men ought to face the wrath of legal provisions," the court ruled.

In a significant suggestion, the judge said live-in relationships could be viewed on par with Gandharva or love marriages recognised in ancient Indian tradition. "In a live-in relationship, the women ought to be protected by granting the status of 'wife'," the court observed, so that women are not left without rights if the relationship collapses.

Bail Denied

Taking into account the gravity of the allegations, the promise of marriage and the subsequent refusal, the High Court held that custodial interrogation was necessary and refused to grant anticipatory bail to the accused.