Women in Live-In Relationships Should Have Wife Status: Madras HC

By: WE Staff | Wednesday, 21 January 2026

• Madras High Court says women in live-in relationships should be considered "wives" legally
• This decision is actually to safeguard women in case men violate marriage promises after an intimate relationship

The Madurai Bench of the Madras High Court held that women living in such relationships should be given the legal status of "wife" in order to protect them, and this is based on the concept of "Gandharva marriage," which is an ancient form of "love marriage" recognized under Indian tradition.

The court clarified that this is to protect women who may be left by men once they realize they have had an intimate relationship.

The judge S. Srimathy added: “In live-in relationships, vulnerable women are to be protected by courts, since they are not offered any legal rights in these relationships like in marriage.”

The order was given while disposing of a petition for anticipatory bail filed by a man charged with having a sexual relationship with a woman on the pretext of marrying her. The case was registered with the Manapparai All Women Police Station in Tamil Nadu.

According to the case filed by the prosecution, “the accused and the woman had known each other since school days and had a romantic relationship. The woman, a diploma holder in nursing, alleged that she had sexual relations with the accused on numerous occasions for a number of years.”

Since the man's family did not support this union, the two moved in with their parents’ consent, living together in Tiruchirappalli, planning to marry. However, this did not happen. The woman eventually reported to the police that the man had pulled out of their relationship after taking advantage of her.

As part of his defense, the accused confessed to having a relationship with this woman but explained that she has other relationships, so he could not marry her.

Concerning live-in relationships, the court emphasized the vulnerability of the woman in such situations, the stigma they face, and the need for the court to protect such women since there is little or no legislative protection for such women compared to those in the institution of marriage.

According to Srimathy, judges must be aware that in contemporary relationships, the man will make the woman doubt her character when the relationship turns sour, having first portrayed himself as the progressive type.

The judge also said, "Though the live-in relationships may be considered a 'cultural shock' in this country, in many countries, it is also practiced." Many girls succumb to it thinking that it is a modern choice, and then find that there is no protection under the law as in marriage.

The court has also invoked Section 69 of the BNS that makes a sexual relationship based on deception or a false promise of marriage a criminal offense. Srimathy said that a man who backed out of marriage promises should attract the rigors of the law.

"If marriage is not possible, men must face the force of law," she said, adding that Section 69 of the BNS was an important provision to safeguard women in such situations.