Explained: How Section 498A Applies to Live-In Relationships, Void Marriages & Karnataka HC's Ruling

The Karnataka High Court has ruled that cruelty under Section 498A, now reflected in Bharatiya Nyaya Sanhita 85 and 86, covers live-in relationships and voidable marriages, enabling prosecution for cruelty based on the relationship’s substance rather than formal marital status, thereby expanding legal protection for women in diverse domestic arrangements.

The Karnataka High Court has recently expanded how cruelty under Section 498A of the Indian Penal Code, now reflected in Sections 85 and 86 of the Bharatiya Nyaya Sanhita, applies to domestic abuse cases. The court has held that women in live-in relationships or in void and voidable marriages can seek prosecution for cruelty, even when the relationship is not a formally valid marriage.

This interpretation means the term “husband” is not limited to someone in a lawful marriage, but can include a partner in any marriage-like arrangement. The ruling strengthens legal options for women who discover that a partner has a subsisting marriage or has concealed important facts, yet have lived together in a shared household resembling a traditional marriage for several years.

Karnataka High Court ruling on Section 498A and live-in relationships

The order, dated November 18, is passed by Justice Suraj Govindaraj while hearing a petition from a man accused of abusing a second wife. The petitioner’s first marriage continued to exist, so the subsequent marriage had no legal validity. Despite this, the second partner shared a home with the petitioner for around six years in a domestic setup.

During this period, the woman later alleged dowry demands, physical and emotional abuse, and suppression of the earlier marriage. The petitioner approached the High Court seeking to quash the criminal complaint. The court declined to do so, stating that the complaint could continue because the nature of the relationship, not its legal status, is key when examining cruelty allegations.

What Exactly Is Section 498A (Now BNS 85/86)?

Section 498A IPC, introduced in 1983, criminalises cruelty against a woman by her husband or his relatives. Cruelty includes physical violence, emotional harassment, and harassment linked to dowry demands.

Under the new criminal code, the Bharatiya Nyaya Sanhita (BNS), it has been split into:

• Section 85 - Cruelty by husband or his relatives
• Section 86 - Dowry-related harassment

The essence remains the same: protecting women from domestic violence within marital or marriage-like structures.

Traditionally, for a case to be registered under 498A, the woman had to be a legally wedded wife. Courts over the years, however, have increasingly recognised that abusive domestic arrangements often exist outside formal marriages.

Where Do Live-In Relationships Stand in Law?

Indian law does not treat live-in relationships as illegal. Over the last decade, multiple Supreme Court and High Court rulings have recognised them as legitimate arrangements between consenting adults.

• A live-in relationship typically includes:
• emotional and romantic partnership
• shared residence
• shared expenses and responsibilities
• long-term companionship resembling traditional marriage

Courts have clarified that when such a relationship becomes "marriage-like," women deserve legal protection, particularly in cases of:

• domestic violence
• abandonment
• financial exploitation
• dowry-linked harassment
• physical or mental cruelty

Under the Protection of Women from Domestic Violence Act (PWDVA), live-in partners are already treated as being in a "relationship in the nature of marriage." The Karnataka HC ruling extends similar protection under criminal law through Sections 85/86 (old 498A).

Why the Ruling Matters

It protects women in non-traditional partnerships.
Many women are in live-ins or invalid marriages without knowing the man's marital status.

It closes legal loopholes exploited by abusive partners.
Men can no longer escape criminal liability by arguing that the marriage was not legally recognised.

It acknowledges the changing realities of modern relationships.
Live-in relationships are increasingly common, and the law must keep up.

It strengthens the legal safety net for victims of domestic cruelty.

The Bigger Message

The Karnataka High Court's decision reinforces a crucial principle: the law focuses on the harm suffered, not the technical label of the relationship. Whether a woman is a wife on paper, a partner in a live-in, or someone misled into a void marriage, her right to safety and dignity remains the same.

This is a progressive step forward-one that recognises the evolving definitions of partnership in India and ensures that protection from cruelty is universal, not conditional on marital paperwork.