Kerala High Court rules live-in partners cannot be prosecuted under section 498A of IPC
The case involved allegations that the petitioner mentally and physically harassed the woman from March 2023 to August 2023 while they were in a live-in relationship.
In a recent decision ruled by the Kerala High Court, the judicial body stated that a woman’s partner, who is not legally married to her, cannot be prosecuted under Section 498A of the Indian Penal Code (IPC) for the offence of cruelty. This ruling was issued on Thursday when the court quashed proceedings against a petitioner who was the live-in partner of the complainant woman.
Essential Ingredients of Section 498A of IPC
The court stated, “In order to attract an offence punishable under Section 498A of IPC, the most essential ingredient is subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term ‘husband @ hubby’ means a married man, a woman’s partner in marriage. Thus, marriage is the constituent which takes the woman’s partner to the status of her husband. Marriage means a marriage in the eye of the law. Thus, without legal marriage, if a man becomes a woman’s partner, he will not be covered by the term ‘husband’ for the purpose of Section 498A of IPC.”
The case involved allegations that the petitioner mentally and physically harassed the woman from March 2023 to August 2023 while they were in a live-in relationship. The court emphasised that to constitute an offence under Section 498A, the cruelty must be committed by the husband or his relatives. So, a man who is a woman’s partner without the legal status of marriage cannot be prosecuted under this section.
Implications for Legal Clarity
The court’s ruling highlights the legal distinction between marriage and live-in relationships in the context of Section 498A. This section of the IPC specifically addresses cruelty committed by a husband or his relatives. The court’s interpretation of the term “husband” is important, as it restricts its application to legally married men only, thereby excluding live-in partners.
The Kerala High Court’s ruling provides clarity on the application of Section 498A of the IPC, stating that legal marriage is a requisite for prosecution under this section. This decision may start discussions on the legal status and rights of individuals in live-in relationships, and the need for legal frameworks that address their specific circumstances.
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