Can a man in live-in relationship be charged under dowry law? Supreme Court to decide

New Delhi: The Supreme Court on Friday decided to examine a critical question whether a man, who is in a live-in relationship or a relationship in the nature of marriage with a woman, can be prosecuted for having committed an offence under Section 498A of the Indian Penal Code or its corresponding Section in Bhartiya Nyaya Sanhita, 2023.

A bench of Justices Sanjay Karol and N Kotiswar Singh ordered to implead the Union government's Ministry of Law and Justice and sought assistance of Additional Solicitor General Aishwarya Bhati on behalf of the Centre.

The court also issued notice to the Karnataka government on a plea moved by a cardiologist from Shivamogga, Lokesh B H and others, who led by senior advocate Anand Sanjay M Nuli, assailed the Karnataka High Court's judgment of November 18, 2025.

The bench appointed advocate Nina R Nariman, as amicus curiae (pro bono) to assist the court. The court also asked to file her written submissions before the next date of listing, March 9, 2026.

The petitioner contended the High Court dismissed his two petitions against the FIRs, including the one related to husband or his relative for dowry, filed by the complainant woman even though she was not his legally wedded wife.

The High Court had observed that, the rigor of 498A IPC got attracted even to live-in relationship setup. It had also held that the two cases pending against the petitioner in respect of 498A IPC cannot continue in two different fora, therefore the case pending before the Shivamogga court was transferred to the court of Additonal Chief Metropolitan Magistrate, Bengaluru.

The petitioner claimed he got married in year 2000 and a daughter was born out of the said wedlock. However, the complainant woman claimed to have married in year 2010 and in order to harass him and his family members, she filed various complaints before the different fora i.e. police authorities and Karnataka State Women Commission, Bengaluru. All the said complaints were closed.

Yet again, she filed a complaint in Shivamogga in 2016 in which a charge sheet was filed invoking Section 498A of the IPC. The woman filed another FIR in Bengaluru alleging offences under Sections 307, 498A r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

The plea raised questions if the High Court was justified in interpreting that rigor of section 498A IPC applied even to the live-in relationship step-up dehors the actual definition under Section 498A IPC which envisaged only to the husband.

It also asked whether the High Court was justified in not applying the law as laid down by the Supreme Court in case of Shivcharan Lai Verma Vs State of MP (2007), wherein the conviction under section 498A IPC was set aside for the reason that the second marriage was performed when the first marriage was still in subsistence.

It further asked if the High Court was justified in not applying the dictum of law as laid down by the Supreme Court in case of K Subba Rao Vs State of Telangana, (2018) wherein it was held that the relatives of the husband should not be roped in only on the basis of omnibus and vague allegations unless there are specific allegations of involvement in the said crime.