SC to decide if a married man in a live-in relationship can be booked for dowry harassment

Can a married man in a live-in relationship be prosecuted for dowry harassment based on a complaint by the woman with whom he was allegedly having an extra-marital affair, even though the law states that only a wife can file such a complaint against her husband and his relatives?

A Bench of the Supreme Court of India, comprising Justices Sanjay Karol and N K Singh, on Friday agreed to examine this question while hearing an appeal filed by doctor Lokesh B H. He has challenged a Karnataka High Court order that rejected his plea to quash criminal proceedings initiated on the basis of a complaint by his alleged live-in partner, reported TOI.

The court observed that the key issue was whether a man in a live-in relationship “in the nature of marriage” could be prosecuted for an offence under Section 498A of the Indian Penal Code, or the corresponding provision in the Bharatiya Nyaya Sanhita.


The Bench sought a response from the Centre and requested Additional Solicitor General Aishwarya Bhati to assist the court. It also appointed advocate Nina Nariman as amicus curiae.

Senior advocate Sanjay Nuli, appearing for the petitioner, argued that the High Court had erred in holding that the stringent provisions of Section 498A could apply even in the case of a live-in relationship.