Live-In Partner Of Husband Is Not Considered 'Relative' Under IPC: Kerala High Court Quashes 498-A Proceedings
The Kerala High Court quashed proceedings against the petitioner facing charges under Section 498-A read with Section 34 of IPC while holding that the word 'relative' in Section 498-A IPC would not include a woman with whom a man has had sexual relations outside of the marriage.
A Bench of Justice K. Babu relying on Suvetha.U v. State by Inspector of Police and another and Vijeta Gajra v. State of NCT of Delhi held that, “The word 'relative' brings within its purview a status. Such status must be conferred either by blood or marriage, or adoption. If no marriage has taken place, the question of one being relative of another would not arise. S.498A, IPC being a penal provision, would deserve strict construction, and unless a contextual meaning is required to be given to the statute, the said statute has to be construed strictly.”
The prosecution's case outlined that the petitioner is in a live-in relationship with accused No.1, who is the husband of the complainant. Accused No.2 is the mother-in-law, and accused No.3 is the brother-in-law of the complainant. The petitioner had a live-in relationship with accused No.1 even though he was married to the complainant. The complainant alleged cruelty and lodged an FIR, resulting in charges under Section 498-A r/w Section 34 of IPC.
Advocate R. Premchand appeared for the Petitioner and Advocate M.K.Pushpalatha appeared for the Respondent.
The petitioner's counsel argued that the petitioner, accused No.4, is not a relative of accused No.1 as required by Section 498-A of IPC.
The Court acknowledged that the petitioner is not a relative of accused No.1. Section 498-A of IPC defines cruelty within a marital context. The Court provided the section's text and the explanation, highlighting that cruelty refers to conduct likely to drive a woman to commit suicide or cause harm. The petitioner's status as someone involved in a romantic or sexual relationship outside of marriage does not fit the legal definition of a "relative" as per the section.
“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a 'relative'.”
The Court further elaborated that "relative" under Section 498-A encompasses a status conferred by blood, marriage, or adoption. Since the petitioner's relationship with accused No.1 doesn't meet these criteria.
Based on the facts presented, the Court decided that the petitioner shouldn't be prosecuted under Section 498-A of IPC. The FIR and Final Report against the petitioner were quashed, and the petition was allowed accordingly.
Cause Title: Chandhini T.K. v. State of Kerala
Click here to read/download Order
