A man can be prosecuted under Section 498A of the Indian Penal Code for cruelty committed during a live-in relationship if the relationship is similar to a marriage and both partners intended to marry, the Supreme Court has ruled. The Court clarified that a legally valid marriage is not an absolute requirement for invoking Section 498A in such cases.
However, the bench emphasized that the provision will not automatically apply to every live-in relationship. The woman must establish that the relationship had the characteristics of a marital union and that both parties had a genuine intention to marry.
The ruling came while hearing an appeal filed by Dr. Lokesh B.H., who challenged an order of the Karnataka High Court. According to the complaint, Lokesh allegedly concealed his existing marriage, continued a relationship with the woman, and subjected her to harassment and cruelty.
Lokesh argued that since the alleged second marriage was legally void, the offence of cruelty by a husband under Section 498A could not be invoked against him. Both the Karnataka High Court and the Supreme Court rejected this contention, allowing the proceedings to continue.
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