The Madurai Bench of the Madras High Court has observed that women in live-in relationships should be granted protections similar to those of a legally married wife to prevent exploitation and ensure dignity and safety under the law.
The observation was made while dismissing an anticipatory bail plea filed by a man accused of entering into a sexual relationship with a woman on the false promise of marriage. The case was registered by the Manapparai All Women Police Station in Tamil Nadu’s Tiruchirappalli district.
Justice S. Srimathy, while underlining the social and legal vulnerability of women in live-in relationships, said courts have a responsibility to adapt legal safeguards to modern societal realities. She noted that such relationships often lack the legal protections available to married women, leaving them exposed when disputes arise.
The court referred to the ancient concept of Gandharva marriage, stating that women in live-in relationships should be accorded the status of a “wife” for protection, particularly when the relationship becomes unstable.
“In live-in relationships, women ought to be protected by granting the status of wife, so that they may be provided rights similar to those available within marriage,” the court observed, as quoted by legal reporting platforms.
Case Background
According to the prosecution, the accused allegedly established physical relations with the woman on multiple occasions by promising marriage, but later withdrew from the commitment. The court found a prima facie case under Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual relationships based on deception or false promises of marriage.
Rejecting the anticipatory bail plea, the court emphasised that men cannot take advantage of legal grey areas under the pretext of modern relationships and later question or stigmatise women when the relationship ends.
Justice Srimathy observed that while live-in relationships are increasingly common in India, women often enter them believing they reflect progressive values, only to discover that the law does not extend adequate protection comparable to marriage.
The court further stated that men who exploit such relationships and later renege on promises of marriage must face legal consequences, adding that Section 69 of the BNS currently serves as a critical safeguard for women in such circumstances.
