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Madras HC Denies Bail, Directs Use of BNS Section 69, Floats 'Wife' Status for Women in Live-In Relationships

The court framed the case as exposing a gap in legal safeguards for women in live-in arrangements.

Overview

  • Justice S. Srimathy of the Madurai Bench dismissed an anticipatory bail plea in a case alleging sexual relations on a false promise of marriage.
  • The order directed police to add Bharatiya Nyaya Sanhita Section 69 to the FIR after finding prima facie material supporting prosecution.
  • Section 69 criminalises sexual intercourse obtained by deceit, including false promises of marriage, with punishment reported up to 10 years in prison and a fine.
  • In wider observations, the court proposed recognising live-in relationships as Gandharva (love) marriages so women could receive rights akin to a wife, noting a lack of specific protections.
  • The judge criticised post-breakup character attacks on women and said men who back out of marriage promises should face the law, citing the gravity of the offence to justify custodial interrogation.