Madras High Court Advocates Protection for Women in Live-in Relationships
The Madurai Bench of the Madras High Court has delivered a significant observation regarding live-in relationships in India. Justice S. Srimathy emphasized that women in such arrangements should not remain unprotected by the legal system. The court made this statement while rejecting an anticipatory bail plea from a man facing potential arrest.
Ancient Marriage Concept Applied to Modern Relationships
Justice Srimathy proposed an innovative approach to safeguarding women in live-in partnerships. She suggested examining these relationships through the framework of Gandharva marriage, an ancient form of union recognized in Indian tradition. This type of marriage historically involved mutual love and consent between partners without elaborate ceremonies.
The judge pointed out that Indian texts acknowledge eight distinct forms of marriage. Gandharva marriage represents one of these recognized unions. By applying this historical perspective, courts could potentially grant women in live-in relationships a status similar to that of a wife. This interpretation aims to provide legal protection where none currently exists formally.
Case Details and Judicial Reasoning
The court considered a specific case involving a man from Tiruchirappalli district. The Manapparai All Women Police Station sought his arrest based on serious allegations. According to prosecution claims, the man maintained a live-in relationship with a woman. He reportedly engaged in physical relations with her multiple times after promising marriage. Later, he allegedly withdrew from the marriage commitment.
Justice Srimathy firmly dismissed his anticipatory bail application. She stressed that courts bear responsibility for protecting vulnerable women in contemporary relationship structures. The judge highlighted a concerning pattern where men willingly participate in live-in relationships but later criticize the woman's character when conflicts arise.
Legal Framework and Protection Gaps
The judgment drew attention to existing legal safeguards for divorced women that ensure dignified living. However, women in live-in relationships typically lack equivalent protections. Justice Srimathy acknowledged that live-in arrangements might represent a cultural shift in Indian society. Nevertheless, she noted their increasing prevalence among younger generations.
Many women enter these relationships believing they represent modern choices. They often discover later that legal systems do not automatically provide the security associated with formal marriage. The judge observed that men sometimes perceive themselves as progressive during the relationship but quickly resort to shaming or blaming women when difficulties emerge.
Bharatiya Nyaya Sanhita Provisions
Justice Srimathy specifically referenced Section 69 of the Bharatiya Nyaya Sanhita (BNS). This section addresses sexual relations based on deception, particularly false promises of marriage. The provision treats such acts as criminal offenses under Indian law.
The judge clarified that men cannot avoid legal consequences if they make marriage promises and later refuse to fulfill them. She stated clearly that when marriage becomes impossible, men must confront legal repercussions. Section 69 of the BNS currently serves as a crucial mechanism for protecting women in these sensitive situations.
Court Decision and Implications
The Madras High Court concluded that the accused man could face prosecution under Section 69 of the BNS. Based on this determination, the court refused to grant him anticipatory bail. This ruling reinforces judicial commitment to addressing protection gaps for women in informal relationships.
Justice Srimathy's observations carry significant implications for how Indian courts might approach live-in relationships moving forward. By invoking Gandharva marriage concepts, the judgment opens potential pathways for enhanced legal recognition and protection. The decision underscores evolving judicial perspectives on modern relationship dynamics while drawing from historical Indian traditions.
