In live-in relationships, women ought to be protected by granting the status of ‘wife’ under Gandharva marriage/love marriage, so that even if it is under turbulence, she may be provided with the rights of a ‘wife’, observed the Madurai Bench of the Madras High Court.
Justice S. Srimathy said this while dismissing a petition filed by a man seeking anticipatory bail. He was apprehending arrest by Manapparai police (AWPS) in Tiruchi district. According to the prosecution, the man was in a relationship with the woman and had sexual relations with her several times on a promise of marriage. But the petitioner had refused to marry the woman.
According to the judge, courts ought to protect women caught in the modern web and culture. “In ancient India there were eight types of marriages. One was Gandharva marriage which is love marriage. Live-in relationships may be recognised as Gandharva marriage/love marriage,” she said.
The judge said even after divorce women are given protection by the law to live a decent life. “Now a vulnerable section of women are falling prey to the concept of live-in relationship. There is absolutely no protection at all…In fact live-in relationships are a cultural shock to Indian society, but it is happening widely everywhere. Girls assume they are modern and opt for live-in relationships. But, after some time when they realise that live-in relationships do not grant any protection as granted under marriage, reality catches as fire and starts burning them,” the judge said.
“The boys suddenly take a stand accusing the character of the girls. While in a live-in relationship the boys assume themselves as modern, but they character assassinate the girls for being in live-in relationship,” she said.
The judge said Section 69 of BNS deals with the crime of sexual intercourse by deceitful means. Particularly false promise of marriage is considered a crime.
“If marriage is not possible then the men ought to face the wrath of legal provisions. Now the only section that grants protection to women is under section 69 of BNS and the men ought to face the wrath of the Section 69 of BNS,” she said.
The accused/petitioner is liable to be prosecuted under section 69 of BNS, the court said.
Published – January 19, 2026 11:08 pm IST
