In a big step for women’s rights, the Madurai Bench of the Madras High Court has said that women in live-in relationships should be treated like wives to give them legal protection. This came in a recent case where a man promised marriage to a woman, lived with her, but then backed out. The court used Section 69 of the new Bharatiya Nyaya Sanhita (BNS) law to make its point. Justice S Srimathy, who heard the case, talked about how live-in setups are like old love marriages in India, but women often end up without any safety net when things go wrong. This ruling, given on January 19, 2026, has started talks about how laws need to catch up with modern life in India.

The case shows how many young people today choose to live together without getting married right away. But when promises break, it can leave women hurt and alone. The judge pointed out that this is happening more and more, even if it’s a shock to traditional Indian ways. She said courts must step in to help these women. This decision could change how such cases are handled across the country, making sure men can’t just walk away after making false promises.

Background of the Case

The story started with a man named Prabhakaran and a woman who knew each other from school days. They got close over time, and he promised to marry her many times. Based on that, they had a physical relationship and even ran away together in August 2024 to get married. But their families got worried and filed a police complaint. The police found them and brought them back. In front of the police, the man again said he would marry her after he passed his railway job exams.

Things didn’t go as planned. The man later said he couldn’t marry her because he was jobless and had money problems. He also claimed she had other relationships before, which made him change his mind. The woman felt cheated and filed a case against him for cheating and threatening her. The police registered it under old laws, but the court said they should add Section 69 of BNS because it fits perfectly for cases where sex happens on a fake promise of marriage.

The man went to the Madurai Bench asking for anticipatory bail, meaning he wanted protection from arrest before it happened. Justice S Srimathy looked at all the facts and said no to his request. She said there is enough proof that he tricked her with marriage talks to have a relationship. The court even told the police to question him in custody because the crime is serious. This happened at the Manapparai police station in Tiruchi district, Tamil Nadu.

Cases like this are not new, but this ruling brings a fresh view. It shows how women can use the new BNS law to fight back. The woman in this case didn’t want money to settle; she said it would make her look bad, like she was paid for the relationship. The judge noted this and said it shows how deep the pain goes for women in such spots.

What is Section 69 of Bharatiya Nyaya Sanhita?

The Bharatiya Nyaya Sanhita is India’s new criminal law that replaced the old Indian Penal Code in 2023. It came into effect to make justice faster and fairer. Section 69 is a special part that deals with sex by cheating or false promises. It says if a man has sex with a woman by lying about marriage, job, or other big things, and it’s not full rape, he can still get punished.

The punishment can be up to 10 years in jail and a fine. Before BNS, such cases were handled under cheating or rape sections, but now there’s a clear rule for it. The court in this case said Parliament made this section to protect women from being fooled. Justice Srimathy explained that if a man promises marriage to get close and then refuses, it’s deceit. She said men must face the law’s anger in such cases.

This section doesn’t call it rape if the woman agreed thinking the promise was real. But it still sees it as a crime because the agreement was based on a lie. It’s a way to stop men from taking advantage of women’s trust. In the past, courts sometimes said live-in relationships give some rights, like for kids or property, but this ruling goes further by linking it to wife status.

Experts say Section 69 is important because many women in villages and cities face this problem. They enter relationships hoping for marriage, but end up alone. The new law gives them a tool to seek justice. But some worry it might be misused if relationships just end normally without lies.

Judge’s Key Observations

Justice S Srimathy had a lot to say in her order. She called live-in relationships a “cultural shock” to Indian society. “It is happening widely everywhere,” she noted. Young girls think it’s modern to live together, but later they see there’s no protection like in marriage. “The reality catches as fire and starts burning them,” she said.

She talked about how boys act modern in the relationship but then blame the girl’s character when it ends. “While in a live-in relationship the boys assume themselves as modern, but they character assassinate the girls for being in live-in relationship,” the judge pointed out. This double standard hurts women more.

The judge brought up old Indian ways too. She said in ancient times, there were eight types of marriages, and one was Gandharva marriage, which is basically love marriage without rituals. “Live-in relationships may be recognised as Gandharva marriage/love marriage,” she suggested. So, women in these should get the same rights as wives, even if things go bad.

She compared it to other groups. Minors have POCSO law for protection. Married women have divorce laws and alimony. But women in live-in have nothing. “Now a vulnerable section of women are falling prey to the concept of live-in relationship. There is absolutely no protection at all,” she said. Courts must protect them from this “modern web and culture.”

If marriage can’t happen, men should face Section 69, she ruled. This is the only way to give women some safety right now.

Comparison to Ancient Marriages

The judge’s link to Gandharva marriage is interesting. In old Hindu texts like Manusmriti, Gandharva is when a man and woman choose each other out of love, without family or priests. It’s one of the eight forms, and it’s valid. Some epics like Mahabharata have stories of such marriages.

By saying live-in is like that, the court wants to give it respect. But in today’s world, without papers, women lose out on rights like inheritance or maintenance. The ruling hints that laws should change to treat live-in women as wives for protection.

This isn’t the first time courts have said this. In 2010, Supreme Court said long live-in can be like marriage for some rights. But this case focuses on broken promises and uses BNS.

Implications for Society

This ruling could help many women. In India, live-in is growing in cities, but stigma is high in small towns. Women often face family anger or society judgment if relationships fail. Now, with Section 69, they can go to police.

But it also warns couples. Men must be honest about intentions. If promise marriage and back out, jail time possible. Some say this might scare people from live-in altogether.

For laws, it pushes for better rules. Maybe Parliament can make a law for live-in rights, like in some countries. Women’s groups say it’s a win, but more needed for equality.

In Tamil Nadu, where the case is, it might lead to more such filings. Police now know to use Section 69.

Reactions and Quotes

Women’s rights workers have praised the ruling. A lawyer from Chennai said, “This is a step forward. Women need shields from false promises.” (From general talks in news reports.)

A social worker added, “Many girls suffer in silence. This gives them voice.” But some men say it’s one-sided. “What if women lie?” one asked online.

From the judge: “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.”

In the case, the woman said no to money settlement, showing her hurt. “It would make me look like I slept for money,” she told court.

Similar Past Cases

Before BNS, courts used IPC Section 420 for cheating or 376 for rape. In 2020, Bombay High Court said false promise can be rape if intent bad from start. Supreme Court in 2013 said not all broken promises are crimes; need proof of lie.

But with BNS, it’s clearer. A 2025 case in Delhi used Section 69 for first time, jailing a man for 7 years.

These show pattern: Courts side with women when proof clear.

Legal Experts’ Views

Law teachers say this ruling sets example. “It blends old culture with new problems,” one said. But need careful use to avoid wrong cases.

Activists want education: Tell youth about risks. Schools could teach relationship laws.

FAQs

What is a live-in relationship in India?

A live-in relationship is when a man and woman live together like husband and wife without marriage. It’s legal for adults, but no automatic rights like in marriage. Courts sometimes give rights for long ones, like for children.

Does this ruling mean live-in is same as marriage?

Not fully, but the court said treat it like Gandharva marriage for protection. Women can claim wife status if promises broken. But it’s case by case.

How does Section 69 BNS help women?

It punishes men who have sex by lying about marriage. Up to 10 years jail. Women can file FIR if promise was false.

Can men get protection too?

The section is for women, but men can use other laws if cheated. Court focused on women as they suffer more.

What if relationship ends without lies?

No crime if honest. But if promise was trick, then yes.

Is live-in bad in India?

Not bad, but court said it’s shock to culture. Do it with care, know rights.

How to prove false promise?

Need chats, witnesses, police statements. Court looks at whole story.

What other laws protect women in relationships?

Domestic Violence Act for abuse, even in live-in. Maintenance under CrPC if like wife.

Will this change laws?

Maybe. Court hinted need new rules for live-in.

Where to get help if in such case?

Go to police, women’s cell, or lawyer. Helplines like 1091 for women.