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"Admittedly, the petitioner is not a relative of accused No.1. She is only a woman with whom the first accused has had romantic or sexual relations outside of marriage", the High Court has observed
The Kerala High Court has declared that a woman maintaining a live-in relationship with a man cannot be treated as his relative, and hence cannot be prosecuted for cruelty under Section 498A of the Indian Penal Code.
A single judge bench of Justice K Babu referred to the specific language of the Section and the Explanation thereof, saying those 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," the court said.
Citing previous judgements, the bench also said Section 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.
With this view, the court has quashed the proceedings initiated against a woman on the complaint filed by a man's wife.
The woman's counsel said the petitioner was allegedly maintaining a live-in relationship with accused No 1 and that she is not a relative of him as contemplated under Section 498-A of IPC and therefore, the offence under Section 498-A of IPC will not be attracted.
Allowing her plea, the judge said, "I am of the opinion that there will not be a question of prosecution against the petitioner under Section 498-A of IPC. The FIR and the Final Report as against the petitioner shall stand quashed."
Case Title: Chandhini TK vs. State of Kerala
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