Husband's Girlfriend Or Woman Who Has Sexual Relations With Him Outside Marriage Cannot Be Prosecuted U/S 498A IPC: Kerala High Court

Section 498A, IPC defines and provides punishment for cruelty committed by the husband or relative of the husband of a woman.

Justice K. Babu added that Section 498-A being a penal provision, has to be construed strictly. The Court held thus:

“The specific language of the Section and the Explanation thereof lead to the conclusion that the word 'relative' would not include a woman with whom a man has had sexual relations outside of the marriage. 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 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 petitioner was the fourth accused in a criminal complaint filed by the complainant- wife. First accused was the husband of the complainant. Second accused was her mother-in-law and third accused was her brother-in-law. The First accused and the petitioner (fourth accused in the criminal complaint) were alleged to be in a live-in relationship.

The complainant and the first accused were married according to the Hindu law in the year 2009. The marriage of the first accused and complainant got strained and she filed a first information statement against the husband and other accused alleging cruelty u/s 498A of IPC. She alleged commission of Section 498A read with Section 34 of the IPC. Section 34 IPC deals with commission of a criminal act done with a common intention.

The petitioner approached the High Court to quash the criminal proceedings against her.

The counsel for the petitioner submitted that criminal complaint against the petitioner was not maintainable U/S 498A, IPC as she was not a relative of the husband who was the first accused.

The relevant portion of Section 498A reads as follows:

“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.”

The Court held that the term relative in Section 498A, IPC does not include a woman with whom a man has had sexual relationship outside of marriage. The Court stated that relative does not include a girlfriend nor a woman with whom a man has sexual relations outside of marriage. It noted that the term relative confers a status which can only be achieved by blood, marriage or adoption. Thus, the Court found that the fourth accused with whom the husband of the complainant allegedly has live in relationship cannot come within the purview of the term relative for the commission of cruelty under Section 498A, IPC.

On the above findings, the Court quashed the criminal proceedings against the petitioner.

Case title: Chandhini T.K. V State of Kerala

Citation: 2023 LiveLaw (Ker) 427 

Case number: Crl. MC No. 5681 Of 2021

Counsel for the petitioner: Advocate R Premchand

Counsel for the respondent: Public Prosecutor M K Pushpalatha