Domestic cruelty rules cover live-in couples: SC, Pg12

Key Highlights:

• The Supreme Court ruled that the criminal offense of domestic cruelty extends to live-in relationships that qualify as "relationships in the nature of marriage".
• The judgment, authored by a Bench headed by Justice Sanjay Karol, applies to Section 498A of the Indian Penal Code (IPC), now replaced by Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS).
• The court emphasized that live-in relationships are a modern reality and the law must adapt to protect women in such arrangements.
• This ruling ensures that women in qualifying live-in relationships can seek criminal protection against cruelty, similar to married women.

Detailed Insights:

• The Supreme Court observed that cruelty does not become less harmful because parties are not formally married.
• Distinguishing between married relationships and "relationships in the nature of marriage" for protection under domestic cruelty laws was deemed offensive to Article 14 of the Constitution of India, which guarantees the right to equality.
• A "relationship in the nature of marriage" implies a "requisite intent to marry" and typically involves shared domestic arrangements and financial resources.
• The initial burden of proof to establish this intent will lie with the female partner seeking legal protection.
• While the Protection of Women from Domestic Violence (DV) Act, 2005, already covers live-in relationships, it primarily offers civil remedies; this ruling extends criminal protection.
• The court's decision came while dealing with an appeal challenging a Karnataka High Court judgment that refused to quash domestic cruelty proceedings against a man in a live-in relationship.

Key Concepts Involved:

• Domestic Cruelty: Any willful conduct likely to drive a woman to suicide, cause grave injury, or harassment for unlawful demands.
• Live-in Relationships: An arrangement where an unmarried couple lives together in a relationship akin to marriage without formal matrimony.
• Relationship in the nature of marriage: A live-in relationship demonstrating a clear intent to marry, characterized by shared life and public perception as spouses.
• Article 14 of the Constitution of India: Guarantees equality before the law and equal protection of the laws within the territory of India.