The Supreme Court on Monday ruled that Section 498A of the Indian Penal Code (IPC) also applies to couples living together without getting married (live-in).
Harassment inflicted on a woman by her husband or his relatives is treated as a crime, and action is taken under IPC Section 498A.
In this context, a petition was filed in the Supreme Court regarding whether action under IPC Section 498A could be taken against a man if an unmarried man and woman live together.
The petition was heard by a bench of Supreme Court judges Sanjay Karol and N. Kotiswar Singh.
In the judgment delivered by the judges then, “IPC Section 498A also applies to couples who live together with mutual consent with the intention of marriage.
However, when a man and a woman live together without being married, if it is alleged that the woman was harassed by that man or any of his relatives, they should not be arrested without a preliminary inquiry. No one chooses a relationship expecting to be wronged.
Couples decide to live together believing that the journey of life will be very beautiful and meaningful. But after some time, some relationships do not continue well.
Women may be subjected to cruelty in both types of relationships, namely marriage and living together without marriage. Therefore, it is not correct to say that protection under IPC Section 498A will be available only to a married woman. It was stated that if such a complaint is made, it would be contrary to Article 14 of the Constitution.
