Kamal Ghorui
The Madurai Bench of the Madras High Court has made an important observation on live-in relationships, saying women in such relationships should not be left unprotected. The court noted that women may be given the status of a “wife” by viewing live-in relationships through the lens of Gandharva marriage, an ancient form of love marriage recognised in Indian tradition.Justice S. Srimathy made these remarks while rejecting a plea for anticipatory bail filed by a man who feared arrest by the Manapparai All Women Police Station in Tiruchirappalli district. According to the prosecution, the man had been in a live-in relationship with a woman and had physical relations with her multiple times after promising marriage. Later, he allegedly backed out of marrying her.
While dismissing his plea, the judge stressed that courts have a duty to protect women who are vulnerable in modern relationship setups. She pointed out that ancient Indian texts recognised eight kinds of marriages, one of which was Gandharva marriage, where a relationship was formed out of mutual love and consent. The judge observed that live-in relationships today could be viewed in a similar way, especially when women are emotionally and socially invested in them.
Justice Srimathy also drew attention to the fact that even divorced women are given legal safeguards to ensure they can live with dignity. However, women in live-in relationships often have no such protection. She remarked that while live-in relationships may be seen as a “cultural shock” in India, they are now common. Many young women enter them believing they are a modern choice, only to realise later that the law does not automatically offer them the same security as marriage.The judge further noted a troubling pattern where men who willingly enter live-in relationships later question the woman’s character when the relationship turns sour. According to her, men may see themselves as “modern” while in the relationship, but are quick to shame or blame women once things fall apart.Referring to the Bharatiya Nyaya Sanhita (BNS), Justice Srimathy highlighted that Section 69 treats sexual relations based on deceit—especially a false promise of marriage – as a criminal offence. She said that if a man makes such a promise and later refuses to marry, he cannot escape legal consequences.“If marriage is not possible, then men must face the force of the law,” the judge observed, adding that Section 69 of the BNS currently serves as a key provision to protect women in such situations.The court concluded that the accused man could be prosecuted under Section 69 of the BNS and refused to grant him anticipatory bail.
