Recently the Kerala High Court held that under Section 498 A of the Indian Penal Code a husband’s girlfriend or a women who maintains the sexual relationship outside his marriage cannot be prosecuted.
The Section 498 A states that cruelty inflicted on a women by her husband ir relatives of husband. Justice K Babu Stated that the language which has been used in the legislation makes it all clear about the word relative. This word relative not includes a woman who had made the sexual relations outside the marriage.
It was also emphasised that being a penal provision, Section 498A deserves strict construction unless a contextual meaning is required to be given to the statute.
The order was passed on a petition moved by a woman who was charged under Section 498A read with Section 34 (acts done by several persons in furtherance of common intention) of the IPC.
She sought an order from the Court quashing the proceedings pending against her before a magistrate court.
The case against her came to be registered upon a complaint filed by her live-in partner’s wife. Her partner and his wife had a strained marriage and the wife’s complaint accused him, his mother, his brother, and the petitioner of subjecting her to cruelty.
The petitioner argued that her relationship with her partner does not make her his relative as contemplated under Section 498A.
The Court heard the argument and proceeded to quash the proceedings against her.
The petitioner was represented by advocate R Premchand.
Public Prosecutor MK Pushpalatha appeared for the State.
Written by- Vedangi Kannav, College name – Vivekanand College Of Law, Semester-V intern under legal vidhiya
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