Section 498A and Live-in relationship

Introduction

Law plays a vital role in the social change of an individual. society is ruled by the various laws
and being a member of the society an individual have to follow or is bound by the law. due to
the changing living patterns in the society the laws must be relooked. marriage being the
foundation of the society need to be strong and with the changing times the live-in couples are
also getting equal legal rights, as it can also be the reason for the formation of society just like
the socially acceptable ones.

But the question here arises, when the couple in a marriage enjoy the certain human rights did
the couple in Live-in enjoys the equal legal rights or we can say whether the woman in the live-
in relationship possess rights enjoyed by the women in socially acceptable marriages.

Section 498A IPC

Section 498A IPC was introduced by the Criminal law (Second amendment) Act 1983 with the
objective of preventing the dowry deaths and harassment to a women by her husband or relatives
of her husband.

The section states that, if any women is subjected to cruelty by her husband or any of his
relatives shall be punished with the imprisonment of 3 years and fine.

The section involves the element of cruelty which means that- “any willful conduct which is of
such a nature as is likely to drive the women to commit suicide or to cause grave injury or danger
to life, limb or health (mental/physical) of the women”.; or

Gannath Pattnaik v. State of Orissa, it was held that the concept of cruelty and its effect varies
from individual to individual depending upon the social and economic status to which such
person belongs.

“Harassment of the women where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any person related to her to meet any unlawful
demand for any property or valuable security or is on account of failure by her or any person
related to her to meet such demand.”

Live-in-Relationship

Live-in-Relationship refers to the relationship constituted between two people by mutual

understanding, living together as a couple, but without any subsistence of marriage.

With the passing of recent judgements it has been clearly stated that living together without any
subsistence of any marriage is no more illegal and thus, they have the right to live with the
person they want with mutual understanding, no individual or society shall create rift in their
living.

Kumar Devi and Anr v. State of U.P. and ors , it has been stated that it is legal to live together
with each other without the existence of marriage between the two.

Case law

Unnikrishnan v. State of Kerala

In the above case , it was held that the woman living in the living relationship is not entitled to be
given protection for section 498A IPC if exposed to violence.

Facts

A lady named pushplata left her parents years ago and started living as a man and wife with the
appellant without legal marriage, that is in Live-in-Relationship. After some years the lady died
in a hospital due to the extensive burns on her body while undergoing treatment.

Her mother filed a police complaint on which basis the police registered a crime and after
investigation submitted a report against the appellant under section 498A IPC.

Petitioner Arguments (Respondent)

The deceased has been subjected to too much mental and physical cruelty and harassment by a
course of cruel conduct, and when she found it unbearable she burnt herself to death. Clear
indication towards abatement to suicide by her man.

Defendant Arguments (Appellant)

The legal issue raised by the appellant’s lawyer was that for conviction under sec498A IPC, there
must be a legal relationship as a husband and wife between the deceased and accused.

Court Decision

The court acquitted the accused reason being the parties had not undergone any sort of
ceremonies with the object of getting married and they Just started living together as a man and
wife.

Point of view

The laws give Many legal rights to the live in couple as equal to the socially acceptable couples
for example-

1. a child who is born out of level relationship is equally entitled for the property of his or her
parents as a child born out of a socially acceptable marriage as stated in SP ball
Subramanyam vs sruttayan
2. through the landmark judgment in 2018 where the homosexual marriage has been
solemnised similarly the homosexual couple can also live in with each other without any
subsistence of marriage.
Witnessing these types of precedents in law can it be argued that the woman in the living
relationship should also have the same rights regarding section 498 A IPC and all other rights
that may protect her from suffering of facing cruelty harassment defamation etc.

It can be rightly argued that if the both couples are considered as a legal couple then the rights
enjoyed by the both of the couples should be equal.

The Supreme Court denied the protection of the woman in relationships subjected to cruelty
harassment mental and physical torture under section 498A IPC the reason stated by the court
was that, the woman subjected to cruelty was not under any legal matrimonial ceremony and the
term husband and his relatives public doesn't exist in the live-in- relation thus, the person
accused of section 498A IPC cannot be punished.

But isn’t it wrong with the woman in live-in-relationship, just only that she is not involved in a
legal matrimonial ceremony she has been denied of her human rights the court legalising the
living relationship admits that the people in a live in relation can live legally as a husband and
wife and the child born out of the relation is also equally entitled to the property of his or her
father then why women cannot be given the protection subjecting to cruelty.

The term husband mentioned in section 498A IPC should also include the man in the live in
relationship

Conclusion

All in all, it can be summarized that the women in the live-in relationship also do have human
legal rights those must be protected in case of their violation.

The Indian constitution is formed keeping in mind the public welfare of the public and provides
a manifesto to the other law makers. Thus, the protection of women cannot be ignored solely on
the ground that they are living with a man without existence of marriage, but before a partner to
someone she is a women, a human being who is legally entitled to all the rights a normal human
being is entitled of. The Section 498A IPC was introduced with the objective of reducing the
cruelty and harassment of women but limiting that right only to the married women would cause
violation of human rights of the other women in Live-in-Relationship.
Thus, the laws should be relooked and the courts should also interpret the laws in a manner so
that injustice towards these women can be resolved.