Jahanvi Agarwal
In a noteworthy ruling, the Kerala High Court has provided clarity on the application of Section 498A of the Indian Penal Code concerning cruelty to married women. Justice Sophy Thomas emphasized that this section cannot be invoked by women in live-in relationships.
The court’s stance is that for a woman to seek redress under Section 498A, there must be a formal marriage with a man who is accused of cruelty or whose family members face such allegations. Justice Thomas elaborated that even in cases where a religious or customary marriage existed, providing the semblance of a legal union, a woman can seek protection under Section 498A. However, in instances where there’s no solemnization of marriage, only a live-in relationship based on an informal “marriage agreement,” the woman cannot claim shelter under the section, even if they present themselves as a married couple to society through long cohabitation.
This interpretation arose in a case where the court was examining the conviction and sentence of a man and his family under IPC sections 498A and 306 (abetment of suicide) in connection with the death of a woman in 1997. The woman tragically took her own life, allegedly due to the cruelty and harassment she faced after eloping with the accused man. The man and his family were convicted by a sessions court in 1998. However, the man appealed this verdict, and after several legal proceedings, the Kerala High Court finally allowed the plea on October 12, overturning the findings of guilt.
The court’s key determinations were that the couple had not been legally married and had lived together based on an informal “marriage agreement” lacking legal validity. Consequently, the woman’s claims under Section 498A were deemed inapplicable. Furthermore, the conviction for suicide abetment was dismissed as the woman’s dying declaration did not implicate the man or his family.
This ruling not only provides legal clarification but also underscores the evolving legal landscape surrounding live-in relationships in India.