Ernakulam : In a landmark order that is set to have far far reaching impacts, the Kerala High Court today has pronounced that a woman’s partner, who is not married as per the law, cannot be prosecuted under Section 498A of the IPC for the offence of cruelty including domestic violence.
The court ordered this after rejecting the proceedings against the petitioner who was the live-in partner of the complainant woman.
Justice Badharudeen who pronounced the order thus quashed the proceedings against the petitioner who was the live-in partner of the complainant woman.
“The court is of the view that in order to attract an offence punishable under Section 498(A) of IPC, the most essential ingredient is, subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term ‘husband @ hubby’ means a married man, a woman’s partner in marriage”, said the order.
“Thus, marriage is the constituent which takes the woman’s partner to the status of her husband. Marriage means a marriage in the eye of the law. Thus, without legal marriage, if a man becomes a woman’s partner, he will not be covered by the term ‘husband’ for the purpose of Section 498(A) of IPC,” ruled the court.
The court stated that a man, who was a woman’s partner without legal marriage, cannot be prosecuted under Section 498A.
The allegation that was that the petitioner mentally and physically harassed the woman from March 2023 to August 2023 while they were in a live-in relationship. The court further pointed out that to attract an offence under Section 498A, an offence of cruelty must be committed by the husband or relatives of the husband.
The Counsel for the petitioner argued that the relationship between the petitioner and complainant was a live-in relationship and there was no legal marriage between them to attract an offence under Section 498A by relying upon Unnikrishnan @ Chandu v. State of Kerala (2017).
In a landmark order that is set to have far far reaching impacts, the Kerala High Court today has pronounced that a woman’s partner, who is not married as per the law, cannot be prosecuted under Section 498A of the IPC for the offence of cruelty including domestic violence Kerala States News India: Top News India, States News, States News Headlines, Online State News India, State Politics news
