In a recent ruling, the Bombay High Court addressed a case involving allegations of domestic violence against the girlfriend of a married man by his wife. The court’s Nagpur bench determined that a husband’s girlfriend cannot be classified as a “relative” under domestic violence laws, effectively exempting her from charges under Section 498A of the IPC. This ruling came in response to a petition from the woman who was accused of engaging in an extramarital affair with the complainant’s husband.
Section 498A criminalises cruelty or harassment by a husband or his relatives towards a married woman, with penalties including up to three years of imprisonment and a fine. The court’s division bench, led by Justices Vibha Kankanwadi and Vrushali Joshi, stated that since the petitioner woman is not a relative of the husband, Section 498A shall not be applied on her. The chargesheet is illegal as it is based on the allegation of an extramarital affair, not on the statutory definition, it said.
The case involved an educational institution employee from Maharashtra’s Chandrapur who was charged alongside the husband and his family under Section 498A. The petitioner argued that the law’s scope is limited to the husband and his relatives, and that the charges against her stemmed from personal animosity due to her relationship with the complainant’s husband.
Legal experts suggested that the judgment clarified the application of domestic violence laws and underscores the importance of adhering to the statutory definition of “relative.”
This ruling is anticipated to influence the handling of similar cases in the future. Previously, the Supreme Court had emphasised that Section 498A should not be applied indiscriminately, noting that a single incident of inappropriate behaviour does not necessarily constitute harassment or cruelty.
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