Key Ruling Details
Case: Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr (2026)
Section Extended: Section 498A IPC (now Section 85 of Bharatiya Nyaya Sanhita, 2023)
- Criminalizes cruelty by husband or his relatives
- Now applicable to women in eligible live-in relationships
Legal Analysis
Purposive Interpretation Applied
- Court adopted purposive interpretation of the provision
- Objective is preventing domestic cruelty, irrespective of formal marriage
- Rational nexus required between law and its classification
Constitutional Basis
- Article 14 (Right to Equality) violated when married women received protection but live-in partners did not
- No rational nexus between formal marriage status and goal of preventing domestic violence
"Relationship in the Nature of Marriage" Concept
- Adopted from Protection of Women from Domestic Violence Act, 2005
- Characteristics include:
- Shared finances
- Domestic life together
- Stable, continuing relationship
- Public recognition as spouses
Key Procedural Requirements
Intent to Marry
- Must be established for protection to apply
- Initial burden of proof lies on the female live-in partner
- No fixed legal parameters prescribed
- Higher standard of proof applies (criminal liability involved)
Safeguard Against Misuse
- Arnesh Kumar v. State of Bihar (2014) must be strictly followed
- Mandatory preliminary inquiry before arrest
- Live-in partner/relatives cannot be arrested arbitrarily
Distinction Between Laws
| DV Act, 2005 | Section 85 BNS/Section 498A IPC |
|---|---|
| Civil remedies | Criminal sanctions |
| Maintenance orders | Imprisonment |
| Protection orders | Deterrence |
| Civil jurisdiction | Criminal prosecution |
Historical Evolution of Protection
- Initial Position: Only legally married women protected
- First Extension: Courts extended to women deceived into void/voidable marriages
- Present Ruling: Extended to women in "relationships in the nature of marriage"
Significance for India
- Recognizes changing social dynamics and increasing live-in relationships
- Bridges gap between legal formalism and social reality
- Provides criminal deterrence for domestic cruelty beyond marriage
- Balances protection with safeguards against misuse
- Aligns criminal law with civil protections under DV Act, 2005