In a recent ruling, the Kerala High Court observed that the provisions of cruelty to a married woman, as outlined in Section 498A of the Indian Penal Code (IPC), cannot be invoked by women in live-in relationships. The court’s decision came while deliberating on a case involving the conviction of a man and his family under IPC sections 498A and 306 (abetment of suicide) following the death of a woman in 1997.
Justice Sophy Thomas, presiding over the case, clarified the scope of Section 498A. She stated,
“When there is some form of marriage either religious or customary which has the colour of a legal marriage, then also, the woman can seek protection under Section 498A of IPC though later, for some reason that marriage is found to be invalid in the eye of law. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter under Section 498A of IPC, saying that they were holding out to the society as man and wife by their long cohabitation.”
The background of the case reveals that the woman took her own life by setting herself ablaze, allegedly due to the cruelty and harassment she faced after eloping with the accused man. A sessions court, in 1998, convicted the man, his parents, and brother, as the tragic event occurred just a few months after the couple began cohabitating.
This verdict was later challenged in 2000, and an appellate court partly allowed the appeals filed by the accused and his family. Seeking further relief, the man approached the Kerala High Court, aiming for an “honourable acquittal.”
On October 12, the High Court granted their revision plea, overturning the trial court’s findings of guilt. The court emphasized that the couple was not legally married but were cohabitating based on a “marriage agreement” that lacked legal legitimacy. The High Court elaborated,
“In the case on hand, since the marriage between the 1st revision petitioner and deceased was not solemnized, and they started living together on the basis of a marriage agreement, which has no legal sanctity in the eye of the law, they have to be treated as persons in live-in-relation, and they were not husband and wife, in order to attract an offence punishable under Section 498A of IPC.”
Furthermore, the conviction of the accused under the charge of suicide abetment was dismissed. The court noted that the woman’s dying declaration did not contain any allegations against the man or his family. It was also observed that the charges against the parents, who had passed away during the pendency of the case, stood abated.
The revision petitioners were represented by KP Balagopal, while Public Prosecutor Nima Jacob
In light of this ruling, it becomes evident that the legal intricacies surrounding live-in relationships and marriage in India continue to evolve, with the courts providing clarity on the applicability of various laws.
