Dr. Lokesh B.H. vs State of Karnataka

In this landmark judgment, the Supreme Court addressed whether a man in a live-in relationship can be prosecuted for domestic cruelty under Section 498A of the Indian Penal Code (IPC). A woman had filed a complaint against her partner, alleging he hid his first marriage, lived with her as a husband, and subjected her to cruelty and dowry demands. The man argued that since they were not legally married, Section 498A (which applies to a 'husband' or his relatives) could not be used against him. Disagreeing with this argument, the Supreme Court ruled that a strict, literal interpretation of the word 'husband' would allow wrongdoers to escape punishment simply because the marriage was not legally valid. The Court held that Section 498A protects women in live-in relationships that qualify as 'relationships in the nature of marriage,' provided there was a clear intention to marry. However, to prevent misuse, the Court established strict safeguards. The woman must initially prove the intent to marry, and the police cannot make routine arrests without a proper preliminary inquiry as laid down in the Arnesh Kumar case. Since there were serious allegations of physical abuse and hiding a prior marriage in this case, the Court refused to throw out the criminal proceedings, directing the trial to continue.

A woman filed criminal complaints of cruelty, dowry harassment, and physical abuse against her partner, who lived with her but allegedly hid his earlier marriage. The partner asked the High Court and then the Supreme Court to cancel the case, arguing that because they were never legally married, he could not be prosecuted under Section 498A as a 'husband.'

The Supreme Court refused to cancel the criminal case against the man. It held that Section 498A IPC applies to live-in relationships that are like marriages with an intent to marry, meaning the trial against the man must go on.

This judgment ensures that men cannot escape criminal liability for abusing their partner simply by claiming they were not legally married. It expands safety nets for women in serious live-in relationships while also putting clear safeguards to prevent false complaints.