Madurai, 21 January. The Madurai Bench of the Madras High Court has said that women in live-in relationships should not be left without legal protection and in the right cases, they can be given the status of ‘wife’. The court compared it to the Gandharva marriage of Indian tradition.

Justice S Srimathi made the remarks while hearing the anticipatory bail plea of ​​a man from Tiruchirappalli district, who feared arrest in a case involving his live-in partner, website ‘Live Law’ reported. The prosecution alleged that the man had physical relations with the woman several times with the promise of marriage, but later reneged.

Live-in relationship for Indian society ‘Cultural Shock’

Terming live-in relationships as a ‘cultural shock’ for Indian society, the judge said that yet they are very common. He said that women consider themselves modern and enter into live-in relationships, but later they realize that the law does not automatically provide protection like marriage.

Court compares live-in relationship with Gandharva marriage

The High Court said that old Indian texts have recognized eight forms of marriage, including Gandharva marriage, in which the relationship was formed by mutual love and consent without any rituals. The judge said that today’s live-in relationships can also be viewed from the same perspective to ensure that women are not made inferior.

live-in Duty of courts to protect women caught in ‘modern trap’

Justice Srimathi stressed that it is the duty of the courts to protect women caught in the ‘modern trap’ of live-in relationships as they often do not have the legal protections afforded to married women. He also explained how men take advantage of this legal ambiguity. In the beginning they show themselves to be modern, but when the relationship goes bad they question the character of the woman.

If marriage is not possible then men will have to face the law

Referring to Section 69 of the Indian Judicial Code, the judge said that sexual relations based on deception, especially false promises of marriage, are a criminal offence. He further said that a man who makes such a promise and later refuses to marry cannot escape the law. Rejecting the bail plea, Justice Srimathi said, ‘If marriage is not possible then the men will have to face the law.’