Nithyakalyani Narayanan. V
The Kerala High Court held that a husband’s girlfriend or a woman involved in a sexual relationship with him outside of marriage, cannot be prosecuted under Section 498A of the IPC, which penalises cruelty on a woman by her husband or relatives of the husband.
Single-judge Bench comprising Justice K Babu explained that the legislative language of Section 498A excludes women who engage in consensual relationships with married men from the definition of ‘relative’.
The Court emphasised that the term ‘relative’ here pertains to a status conferred by blood, marriage, or adoption. Hence, women who have extramarital relationships with married men do not fall within this legal definition.
The High Court was hearing a petition filed by a woman who faced charges under Section 498A and Section 34 (acts done by several persons in furtherance of common intention) of the IPC. She sought to quash the proceedings against her in a magistrate court. The wife of the complainant’s live-in partner filed a complaint against her. The husband and wife had a strained marriage, and the complaint accused the husband, his mother, his brother, and the petitioner of subjecting her to cruelty.
The complainant argued that her relationship with her partner did not come under the scope of ‘relative’ under Section 498A.
Agreeing with her argument, the High Court asserted that her association with her partner did not constitute grounds for prosecution under Section 498A. The Bench emphasized that the status of the complainant as a non-relative, along with the consensual nature of the relationship, discharged her from the provision.
The Court held that “These being the facts, I am of the opinion that there will not be a question of prosecution against the petitioner under Section 498-A of IPC. The FIR and the Final Report as against the petitioner shall stand quashed”.
Bench: Justice K Babu