Madurai: In a significant observation aimed at protecting women in live-in relationships from exploitation, the Madurai Bench of the Madras High Court
has stated that women in such arrangements should be granted the status of a “wife” to ensure legal and financial security. Justice S. Srimathy made the remarks while hearing an anticipatory bail plea in a case where a man was accused of having a sexual relationship with a woman after promising marriage, only to later refuse matrimony.
Court’s Observations on Modern Relationships
Justice Srimathy noted that while live-in relationships remain a “cultural shock to Indian society,” they are increasingly prevalent. “Modern women choose this relationship. But when they realize the lack of marital security, reality begins to burn them like fire,” she observed. Emphasizing the need for legal protection, she suggested that such relationships could be recognized akin to love marriages in ancient India, with women being accorded wifely status to safeguard their rights in case of separation or dispute.
Case Background
The case involved a petitioner who had a sexual relationship with a woman after promising to marry her. When families objected to the inter-caste union, the couple moved to Trichy and lived together. After a missing person complaint was filed, the petitioner agreed to marry the woman at the police station but later refused, citing parental opposition and financial dependence.
Court’s Directive and Legal Action
The court noted that Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalizes sexual intercourse under false promise of marriage, had not been invoked. It directed the police to immediately add this charge against the petitioner. Given the seriousness of the offense and prima facie evidence, the court refused anticipatory bail and dismissed the petition.
Justice Srimathy expressed concern that while laws like the Protection of Children from Sexual Offences (POCSO) Act protect minors and statutes address marital rights, women in live-in relationships often suffer mental and financial distress without legal recourse.
