SC Quashed Criminal Case Against a Woman With Whom A Man Had A Love or Sexual Relationship Outside Of Marriage Is Not Related
Last Updated on December 13, 2024 by NewsDesk SLC
The Supreme Court ruled that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be instituted against a woman with whom the husband had an extra-marital affair. Because such a woman would not fall under the term “relative” under Section 498A of the implementing regulation.
A bench comprising Justice BR Gavai and Justice KV Viswanathan, holding, quashed the criminal case against the woman who was named as an accused on the basis that she was the romantic partner of the complainant’s husband.
The bench noted that “a girlfriend or even a woman with whom a man had a romantic or sexual relationship outside of marriage cannot be considered a relative”.
Reliance was placed on the judgment in U. Suvetha v. State inspector of Police and Another (2009) 6 SCC 757 which held that only a person who was related to the husband by blood or adoption could be construed as a “relative”. .”
Furthermore, the Court noted that there was no material to prove that the applicant had caused any harassment to the wife.
