Women in Live-in Relationships Must Be Treated as "Wife" Under Law, Rules Court

In a significant ruling aimed at protecting women in modern relationships, the Madurai Bench of the Madras High Court has observed that women living in live-in relationships should be treated as a “wife” for the purpose of legal protection.

The court referred to the ancient concept of Gandharva marriage while underlining the need to safeguard women from exploitation.

The observation came while the court refused anticipatory bail to a man accused of maintaining a physical relationship with a woman on the promise of marriage and later backing out. The case was registered by the Manapparai All Women Police Station in Tiruchirappalli district.

Justice S. Srimathy noted that live-in relationships, though increasingly common, do not offer women the same legal security as marriage. She pointed out that this gap often leaves women vulnerable, especially when men misuse the arrangement by making false assurances of marriage.

The judge remarked that courts cannot turn a blind eye to such situations and have a responsibility to protect women who are placed at risk in these relationships. She highlighted a recurring pattern where men willingly enter live-in relationships but later attempt to escape responsibility by questioning the woman’s character once the relationship breaks down.

Referring to Section 69 of the Bharatiya Nyaya Sanhita (BNS), the court said that sexual relationships based on deception or false promises of marriage are punishable offences. The judge made it clear that men cannot avoid legal action simply by citing the informal nature of a live-in relationship.

“If marriage is not possible, men must face the force of law,” the judge observed, adding that Section 69 currently plays a crucial role in protecting women who are misled under the guise of marriage.

Finding that a strong preliminary case had been made out against the accused under the law, the court declined to grant him anticipatory bail. 

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