Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Because, such a woman would not come within the ambit of the term "relative" under Section 498A IPC.

Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation that she was a romantic partner of the husband of the complainant-wife.

The bench observed that "a girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative."

Reliance was placed on the judgment in U. Suvetha v. State by Inspector of Police and Another (2009) 6 SCC 757 which held that only a person who was related to the husband by way of blood or adoption can be construed as a "relative."

Apart from that, the Court noted that ther was no material to show that the appellant-woman had caused any harassment to the wife.

Case : Dechamma IM @ Dechamma Kaushik v . The State of Karnataka

Citation : 2024 LiveLaw (SC) 988

Click here to read the judgment