In a significant ruling, the Kerala High Court stated that a woman's partner, who is not legally married, cannot be prosecuted under Section 498A of the IPC for the offence of cruelty.
The court on Thursday ruled this after quashing the proceedings against the petitioner who was the live-in partner of the complainant woman.
"Thus, it appears that in order to attract an offence punishable under Section 498(A) 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 498(A) of IPC," ruled the court.
The allegation was 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 further pointed out that to attract an offence under Section 498A, an offence of cruelty must be committed by the husband or relatives of the husband.
It stated that a man, who was a woman's partner without legal marriage, cannot be prosecuted under Section 498A.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Featured Video Of The Day
Musk Trump Interview | Highlights Of Musk-Trump Interview On X
Wayanad Landslides: Kerala High Court Wants 'Holistic Approach' In Development Fake Child Abuse Charges In Marital Cases Have Serious Consequences: Kerala High Court Prohibition of Child Marriage Act For All Irrespective Of Religion: Kerala High Court Vandalism At Kolkata Hospital Where Doctor Was Raped, Tear Gas Fired 150 mg Semen In Kolkata Doctor's Body, Suspect Gang-Rape: Parents To Court "Want To Ask Congress...": Mamata Banerjee Snaps At Ally In Rape-Murder Case Independence Day 2024 Live Updates: PM Modi To Address Nation From Red Fort PM Modi To Address Nation From Red Fort On 78th Independence Day Today Delhi Airport Becomes 1st To Achieve Net Zero Carbon Emission Status Track Latest News Live on NDTV.com and get news updates from India and around the world.