The Supreme Court, while hearing the woman’s petition on Monday, asked how a crime could arise when the relationship was consensual. The woman had lived in a live-in relationship with the accused for 15 years and also has a child with him. The case concerns a challenge to an order of the Madhya Pradesh High Court, which had cancelled the FIR filed against the woman’s former live-in partner. A bench of Justices B.V. Nagarathna and Ujjal Bhuyan heard the matter. The Court said that as there was no legal marriage, it was a live-in relationship, and separation in such a relationship cannot be treated as a crime. Justice Nagarathna said, “This is the risk of such relationships that either person can leave at any time.” Why did you decide to live together before marriage? The woman’s lawyer argued that the accused had a relationship with her on the promise of marriage and later refused to marry. The Court then asked why they had decided to live together before marriage. During the hearing, Justice Nagarathna said the woman and the accused had lived together for a long time and also had a child. She said, “When there is no marriage and it is a live-in relationship, there is a risk that either side can separate at any time. In such a case, separation does not become a criminal matter.” The woman’s lawyer also said the accused was already married and had hidden this fact. The Court said that if there had been a marriage, the woman’s rights would have been stronger, and she could have sought relief in matters such as bigamy or maintenance. Woman can demand maintenance or compensation The Court suggested that the woman could seek maintenance or compensation for the child. The judges said there would be little benefit if the accused went to jail, but financial support for the child could be considered. The bench issued notice in the matter and asked both sides to explore the possibility of a mutual settlement. It also suggested that the matter could be sent for mediation. What are the rights of women in live-in relationships? A live-in relationship is considered a consensual private relationship rather than a crime. However, this does not mean the woman has no legal rights. Indian law provides several options in such cases. 1. Right to maintenance If a woman has been in a live-in relationship for a long time and was financially dependent, she may claim maintenance. Under the Protection of Women from Domestic Violence Act, 2005, a live-in relationship can be treated as a relationship similar to marriage. Under this law, a woman may get the right to residence and financial support for expenses. 2. Child’s rights are strongest A child born from a live-in relationship is considered fully legitimate. The child can claim rights in the father’s property and maintenance. The Supreme Court has made clear in several judgments that a child’s rights do not depend on marriage. 3. Legal protection in domestic violence If a woman has faced violence or exploitation during the relationship, she can file a case under the Domestic Violence Act. This includes physical, mental and economic abuse. 4. When does a case of false promise of marriage and fraud arise? If the man never intended to marry from the beginning and formed the relationship through lies, the matter may become criminal. But if both people lived together willingly for a long time, as in this case for 15 years, the court usually treats it as a consensual relationship, not a crime.
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