498A not applicable to live-in-relationships: Kerala High Court
Last Updated on October 21, 2023 by Administrator
The Kerala HC had recently made the observation that section 498A of the Indian Penal Code can’t be invoked by a woman in a live-in relationship.
Justice Sophy Thomas had made the observation that the woman had come to seek refuge under section 498A. Justice Thomas said that to claim relief under the section the woman must be married.
The court set aside the conviction and sentence of the man as well as his brother. In 1997 for section 498 A as well as section 306.
The deceased woman died by suicide by setting herself on fire
This verdict was challenged in 2000 and the appellate court had allowed the appeal but another plea was filed by the accused before the High Court.
On 12th October this plea was allowed and the sessions court findings were overturned.
It was observed by the High Court that no marriage was solemnized between the man and the woman, therefore the verdict of the sessions court was erroneous.
Judgment
The high court acquitted the man and his family for 498A as well and the conviction for abetment to suicide was also set aside as no specific allegation was made by the deceased in her dying declaration.
Written By:- Shianjany Pradhan
