India Supreme Court Extends Domestic Cruelty Laws to Live-In Partners

The Supreme Court of India ruled on August 3, 2026, that Section 498A of the Indian Penal Code, which criminalizes cruelty by a husband or his relatives, applies to partners in live-in relationships. The court determined that these protections extend to unions that qualify as relationships in the nature of marriage, provided the parties intended to marry.

A bench comprising Justices Sanjay Karol and N Kotiswar Singh stated that limiting these protections to married women would offend Article 14 of the Constitution of India, which guarantees the right to equality. The court noted that the law must adapt to modern urban realities, arguing that cruelty does not distinguish between a married house and a non-marital domestic setup. This ruling follows an appeal by Dr. Lokesh BH against a Karnataka High Court judgment involving allegations of dowry harassment and cruelty.

To prevent the misuse of the law, the court mandated strict compliance with safeguards against arrest, requiring a preliminary inquiry before any partner or relative is detained. The ruling also clarifies that the burden of proving the intent to marry rests with the woman. The court noted that Section 498A has been replaced by Sections 85 and 86 of the Bharatiya Nyaya Sanhita, but the objective of preventing domestic violence remains the primary goal.