Kochi, The criminal offense of cruelty against a woman by her husband or his relatives will not be applicable when a couple is living in a relationship, according to a recent ruling by the Kerala High Court.
The High Court said that section 498A of the IPC lays down the punishment for subjecting a woman to cruelty by a husband or his relative and since a couple in a live-in relationship is not married, the man will not be covered by the term. "husband". '.
"...to make an offense punishable under section 498A of the IPC, the most essential ingredient is subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term 'husband @ husband' means, a person married man, wife's spouse.
"Thus, marriage is the element that elevates a woman's partner to the status of her husband. Marriage means a marriage in the eyes of the law. Thus, without a legal marriage, if a man becomes the partner of a woman , shall not be covered by the term 'husband' for the purpose of section 498A of the IPC," Justice A Badharudeen said in his July 8 order.
The order came following a man's plea seeking quashing of proceedings initiated against him under section 498A of the IPC.
According to the case against him, while living with a woman, he had mentally and physically harassed her between March 2023 and August 2023 at her home.
While seeking to quash the case against him, the man had maintained that he was living in a relationship with the complainant woman and there was no legal marriage between them and therefore the offense under section 498A had not been established. of the CPI.
Agreeing with the petitioner, the HC said that since he was not married to the woman, he would not come within the ambit of the definition of 'husband' provided in section 498A of the IPC.
"Therefore, the cognizance taken by the acting magistrate on the final report submitted in crime no. 939/2023 of Quilandy Police Station, alleging commission of offense punishable under section 498A of IPC by herein petitioner, is illegal and the same can be sanctioned and annulled. Consequently, this petition is admitted.
"The final report and all subsequent proceedings in Crime No. 939/2023 of Quilandy Police Station, Kozhikode, now pending in the files of the First Class Judicial Court, Quilandy, are hereby quashed," the High Court said.
The High Court said that section 498A of the IPC lays down the punishment for subjecting a woman to cruelty by a husband or his relative and since a couple in a live-in relationship is not married, the man will not be covered by the term. "husband". '.
"...to make an offense punishable under section 498A of the IPC, the most essential ingredient is subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term 'husband @ husband' means, a person married man, wife's spouse.
"Thus, marriage is the element that elevates a woman's partner to the status of her husband. Marriage means a marriage in the eyes of the law. Thus, without a legal marriage, if a man becomes the partner of a woman , shall not be covered by the term 'husband' for the purpose of section 498A of the IPC," Justice A Badharudeen said in his July 8 order.
The order came following a man's plea seeking quashing of proceedings initiated against him under section 498A of the IPC.
According to the case against him, while living with a woman, he had mentally and physically harassed her between March 2023 and August 2023 at her home.
While seeking to quash the case against him, the man had maintained that he was living in a relationship with the complainant woman and there was no legal marriage between them and therefore the offense under section 498A had not been established. of the CPI.
Agreeing with the petitioner, the HC said that since he was not married to the woman, he would not come within the ambit of the definition of 'husband' provided in section 498A of the IPC.
"Therefore, the cognizance taken by the acting magistrate on the final report submitted in crime no. 939/2023 of Quilandy Police Station, alleging commission of offense punishable under section 498A of IPC by herein petitioner, is illegal and the same can be sanctioned and annulled. Consequently, this petition is admitted.
"The final report and all subsequent proceedings in Crime No. 939/2023 of Quilandy Police Station, Kozhikode, now pending in the files of the First Class Judicial Court, Quilandy, are hereby quashed," the High Court said.
