The Supreme Court of India has seized of a significant legal question regarding the applicability of cruelty laws to live-in relationships. The Court is set to examine whether a man living in a relationship in the nature of marriage can be prosecuted for cruelty under Section 498A of the Indian Penal Code (IPC), 1860, or its corresponding provision in the Bhartiya Nyaya Sanhita (BNS), 2023.
A Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh issued notice in the petition and stayed all further proceedings in the matter.
Background of the Case
The present Special Leave Petition challenges the final judgment and order dated November 18, 2025, passed by the High Court of Karnataka at Bengaluru in CRP Nos. 8134 of 2024 and 9412 of 2024. The petitioners, Lokesh B.H. and others, approached the Apex Court against the State of Karnataka and another respondent.
The Legal Question
The primary issue identified by the Supreme Court for consideration is the scope of Section 498A in the context of non-marital relationships. In its order, the Bench framed the pertinent question as follows:
“The pertinent question that arises for consideration in this petition is whether a man, who is in a live-in-relationship/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, 1860 or its corresponding Section in Bhartiya Nyaya Sanhita, 2023?”
Court’s Analysis and Directions
Recognizing the wider ramifications of the legal issue involved, the Court deemed it necessary to hear the Union of India. The Bench ordered the impleadment of the Union of India through the Ministry of Law and Justice as a party respondent. Additional Solicitor General (ASG) Ms. Aishwarya Bhati has been requested to assist the Court on behalf of the Union.
Furthermore, the Court appointed Senior Counsel Ms. Nina R. Nariman as Amicus Curiae (pro bono) to assist the Court in resolving the legal proposition.
The Court issued notice to the second respondent, directing that service be effected through the concerned Station House Officer. The respondent has been directed to file a counter-affidavit and reply to any interlocutory applications before the next date of listing.
Decision
While listing the matter for further hearing on March 9, 2026, the Supreme Court granted interim relief to the petitioners. The Court ordered:
“Also, there shall be stay of all further proceedings.”
Representation
- For Petitioners: Senior Advocate Mr. Anand Sanjay M. Nuli, with Advocate Mr. Ashritsai Torgal (Instructed by M/S. Nuli & Nuli, AOR).
- For Respondent (State): Advocate Mr. Naveen Sharma, AOR, with Advocates Mr. Swati Bhushan Sharma, Mr. S.K. Sharma, and Ms. Payal Gola.
- Amicus Curiae: Ms. Nina R. Nariman.
- For Union of India: ASG Ms. Aishwarya Bhati, with Advocates Ms. Shreya Jain and Ms. Khushboo.
Case Details:
- Case Title: Lokesh B.H & Ors. v. State of Karnataka & Anr.
- Case No.: Special Leave to Appeal (Crl.) No(s). 2240-2241/2026
- Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
