In live-in relationships, women should be protected by being granted the status of ‘wife’: HC

In live-in relationships, women should be protected by granting the status of ‘wife’ under Gandharva marriage/love marriage so that even in turbulence, she can get the rights of a ‘wife’, the Madurai bench of the Madras High Court said.

Justice S. Srimathy said this while dismissing a petition filed by a man seeking anticipatory bail. He was arrested by Manapparai Police Station (AWPS) in Tiruchi district. According to the Public Prosecution Service, the man had a relationship with the woman and had sexual relations with her several times on the basis of a promise of marriage. But the petitioner had refused to marry the woman.

According to the judge, courts must protect women trapped in the modern web and culture. “In ancient India, there were eight types of marriages. One was Gandharva marriage, which is a love marriage. Live-in relationships can be recognized as Gandharva marriage/love marriage,” she said.

The judge said that even after divorce, women are given protection by law to lead a decent life. “Now a vulnerable section of women are falling prey to the concept of live-in relationship. There is absolutely no protection whatsoever…In fact, live-in relationships are a cultural shock to the Indian society, but it is happening everywhere on a massive scale. Girls assume that they are modern and opt for live-in relationships. But after some time, when they realize that live-in relationships do not provide any protection like that provided by marriage, the reality catches fire and starts to burn,” the judge said.

“The boys suddenly take a stand and accuse the girls’ character. While they are in a live-in relationship, the boys consider themselves modern, but they kill the girls because they are in a live-in relationship,” she said.

The judge said section 69 of the BNS deals with the offense of sexual intercourse deceptively. False marriage promises in particular are considered a crime.

“If marriage is not possible, the men have to face the wrath of legal provisions. Now the only section that provides protection to women falls under Section 69 of the BNS and the men have to face the wrath of Section 69 of the BNS,” she said.

The accused/petitioner can be prosecuted under Section 69 of the BNS, the court said.