Women in live-in relationships should get ‘wife’ status for protection, says Madras HC

The Madurai bench of the Madras High Court has observed that women in live-in relationships ought to be granted the status of ‘wife’ to ensure their protection, citing the ancient concept of Gandharva marriage. The court said such recognition is necessary as live-in relationships currently lack the legal safeguards available to married women.

The observation was made while dismissing an anticipatory bail plea filed by a man accused of engaging in a sexual relationship with a woman on false promises of marriage. The case was registered by the Manapparai All Women Police Station in Tamil Nadu’s Tiruchirappalli district.

Justice S Srimathy underlined that courts have a responsibility to safeguard vulnerable women within the framework of modern society. She noted that men often take advantage of the legal grey area surrounding live-in relationships and later question a woman’s character when the relationship turns sour.

The court said that granting ‘wife’ status under Gandharva or love marriage would ensure that women in live-in relationships, even if turbulent, are provided rights similar to those of a "patni". It added that embracing modernity cannot become a shield for exploitation or abandonment.

Rejecting the bail plea, the court found a prima facie case under Section 69 of the Bharatiya Nyaya Sanhita, which treats sexual relationships based on deception or false promises of marriage as a criminal offence. The judge stressed that men who renege on marriage promises must face the force of law.