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Synopsis

The Kerala High Court recently ruled that in cases where there is no formal solemnization of the marriage and the relationship is merely a live-in relationship, a woman cannot seek shelter under Section 498A of the IPC.

“..when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter under Section 498A of IPC, saying that they were holding out to the society as man and wife by their long cohabitation,” the bench held.

A single-judge bench of the Kerala High Court presided over by Justice Sophy Thomas, was hearing an appeal filed by a man and his brother. They appealed against the trial court's order that had convicted them and their family under Section 498A and Section 306 of the IPC.

The man and brother had been convicted by the trial court in 1998. Subsequently, the sessions court had partially set aside the trial court's order. Therefore, both of them filed an appeal with the aim of completely overturning the order.

The victim woman had allegedly died due to cruelty inflicted by the man with whom she moved in and his family after she set herself on fire.

In its order, the bench noted that the victim woman had not mentioned the man and his family in her dying declaration. Consequently, the bench decided to acquit both of them in the case.

Meanwhile, during the pendency of the appeal, the parents of the appellant had passed away, resulting in the abatement of their convictions.

The bench in its order recorded that when there is some form of marriage the woman can seek protection even if later the marriage is found invalid.

“When there is some form of marriage either religious or customary which has the colour of a legal marriage, then also, the woman can seek protection under Section 498A of IPC though later, for some reason as mentioned above, that marriage is found to be invalid in the eye of law,” the order states.

In its order, the bench recorded that when there is some form of marriage, a woman can seek protection, even if the marriage is later found to be invalid.

“In the case on hand, since the marriage between the 1st revision petitioner and deceased Chandrika was not solemnised, and they started living together on the basis of a marriage agreement, which has no legal sanctity in the eye of law, they have to be treated as persons in live-in-relation, and they were not husband and wife, in order to attract an offence punishable under Section 498A of IPC,” the order reads.

Case title: Narayanan & Ors vs State of Kerala