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Showing posts with the label Live In Relationship

Karnataka High Court Expands the Scope of Cruelty Under Section 498A: Live-In Partners Can Be Prosecuted

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The Karnataka High Court has delivered a significant ruling with far-reaching implications on the interpretation of cruelty under Section 498A of the Indian Penal Code. In a judgment dated 18 November, Justice Suraj Govindaraj held that even individuals in live-in relationships , void marriages , or voidable marriages may be prosecuted for cruelty—so long as the essential ingredients of the offence are established. This decision strengthens legal protection for women in marital-like arrangements and prevents men from exploiting technicalities of marital validity to escape liability. Background of the Case A man approached the High Court seeking quashing of proceedings initiated under Section 498A by a woman he claimed was not his legally wedded wife. According to the complaint: The petitioner already had a valid subsisting marriage. He married the complainant in 2010 without disclosing his earlier marriage. The relationship continued until 2016, during which the woman al...

Allahabad High Court Refuses Police Protection to Live-In Couple: Freedom vs. Legal Rights

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Background of the Case The Allahabad High Court, in a recent ruling dated 7 November , declined to grant police protection to a couple claiming to be in a live-in relationship. The petition was filed by Sonam and her alleged partner (referred to as petitioner no. 2), who sought a writ of mandamus to restrain the woman’s husband and the police from interfering in their lives. The Court emphasized that the woman was still legally married under the Hindu Marriage Act , and therefore, the claimed “live-in relationship” could not be accorded legal protection. Court’s Key Observation: Freedom Cannot Override Legal Rights Freedom vs. Statutory Rights Justice Vivek Kumar Singh held that although an adult has autonomy over personal choices, including relationships, such autonomy is not absolute . The Court clarified that the right to personal liberty under the Constitution cannot be exercised to violate the statutory rights of another person . Quote from the judgment: “A spouse has sta...