Madras HC invokes Gandharva marriage to protect women in live-in as wives: What is the ancient Hindu concept?

Image generated by ChatGPT AI for representational purpose only

• Madras High Court equates live-in relationships to Gandharva marriages
• Court urges legal protection for women in live-in partnerships
• Section 69 BNS invoked for deceitful promise of marriage, bail denied

Did our AI summary help?

In a landmark ruling that bridges ancient tradition and contemporary reality, the Madras High Court has invoked the millennia-old concept of Gandharva marriage to underscore the need for legal protection for women in live-in relationships.

The judgment, delivered by Justice S Srimathy, reframes modern cohabitation through a historic, yet strikingly relevant, lens.

The case centred on a man, Prabhakaran, seeking anticipatory bail after being accused of inducing a sexual relationship with a woman through repeated promises of marriage, which he later refused.

While declining bail, the court directed police to invoke Section 69 of the new Bharatiya Nyaya Sanhita (BNS), 2023, which criminalises sexual intercourse "by deceitful means or by making promise to marry" with a punishment of up to ten years.

All about the ancient Gandharva Vivah

Central to the court's reasoning was its reference to Gandharva marriage, one of the eight classical forms of marriage outlined in ancient Hindu texts like the Manusmriti and the Mahabharata.

Scholarly sources describe it as a marriage solemnised solely by mutual consent and desire, often secret, requiring no rituals, witnesses, or parental approval.

It was viewed as a union born of pure love (kama) between two individuals, with the Gandharvas — celestial musicians — considered its spiritual witnesses. Unlike more formal sacramental unions, it placed the autonomy and choice of the couple above all societal and familial rites.

Justice S Srimathy drew a direct parallel between this ancient concept and modern live-in partnerships. "Live-in relationships should be treated as Gandharva (love) marriages and women in such arrangements ought to be accorded the status of a wife," the judge stated. This observation frames cohabitation not as a novel social disruption but as a practice with a deep-rooted cultural analogue.

The court, however, issued a stark warning about the perils of such arrangements in the absence of legal clarity. It described live-in relationships as a “cultural shock” to Indian society and noted that couples often enter them without appreciating the legal vacuum they may face upon separation.

“After some time when they realise that the live-in relationship is not granting any protection as granted under marriage, the reality catches as fire and starts burning them,” the court observed, highlighting that women are frequently left exposed.

The case involved a woman who alleged a relationship since school, which became physical based on sustained promises of marriage. The couple even left home to wed in August 2024 before returning. The accused later cited her prior relationships and his own unemployment as reasons for ending the union.

By linking the factual matrix of deceitful promises to the provisions of Section 69 BNS and by grounding its social analysis in the ancient recognition of consensual union, the Madras High Court’s ruling provides a potent, hybrid framework.

It uses India’s oldest juridical concepts to address one of its most modern legal dilemmas, advocating for a paradigm where the sanctity of mutual consent commands both social respect and statutory safeguard.