Husband’s Girlfriend Not a Relative, Can’t Be Booked for Cruelty, Says Bombay HC; Quashes FIR in Domestic Case
The two-judge bench, consisting of Justices Anuja Prabhudessai and NR Borkar, observed that the girlfriend, not being a relative of the husband, cannot be held accountable for the allegations made against her.
In a significant ruling, the Bombay High Court has dismissed an FIR lodged against the girlfriend of a man, who was implicated by his wife in a domestic case. The two-judge bench, consisting of Justices Anuja Prabhudessai and NR Borkar, observed that the girlfriend, not being a relative of the husband, cannot be held accountable for the allegations made against her. The only accusation against the girlfriend was of engaging in an extra-marital affair with the husband, who has allegedly been pressuring his wife to divorce him so he can marry his girlfriend. The bench stated, “The allegations in the FIR, even if accepted in entirety, do not disclose any cognisable offence against the girlfriend. In such circumstances, subjecting her to face criminal prosecution will be an abuse of process of law.” Consequently, the FIR against the girlfriend was quashed, marking a noteworthy judgement in the realm of domestic law. HC on Denial of Sex by Spouse: Refusal of Sex Can Be Considered Form of Mental Cruelty When Persistent and Intentional, Says Delhi High Court.
Bombay High Court Quashes FIR Against Man’s Girlfriend in Domestic Case
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