In its judgment, a bench led by Justice BR Gavai and Justice KV Viswanathan quashed the criminal case filed against a woman who was accused of being the husband’s romantic partner, based on the complainant-wife’s allegations.
NEW DELHI: The Supreme Court ruled that a criminal case for cruelty cannot be maintained against a woman involved in an extra-marital affair with the husband. The Court clarified that such a woman does not fall under the term “relative” as defined in Section 498A IPC.
In its judgment, a bench led by Justice BR Gavai and Justice KV Viswanathan quashed the criminal case filed against a woman who was accused of being the husband’s romantic partner, based on the complainant-wife’s allegations.
The bench stated that a girlfriend or a woman with whom a man has had romantic or sexual relations outside of marriage cannot be considered a “relative.”
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Section 498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.—For the purposes of this section, “cruelty means”
(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
The Court referred to the ruling in U. Suvetha v. State by Inspector of Police and Another (2009), which held that a “relative” refers to those connected by blood or adoption.
Additionally, the Court observed that there was no evidence to suggest that the woman had harassed the wife.
Case Title : Dechamma IM @ Dechamma Kaushik v . The State of Karnataka
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