Husband's Girlfriend or Romantic Partner Can't Be Made Accused in Section 498A IPC Case As Such Woman Would Not Come Within Ambit of 'Relative', Says Supreme Court
A bench of Justice BR Gavai and Justice KV Viswanathan thus quashed a criminal case against a woman who was named as an accused on the allegation that she was a romantic partner of the husband of the complainant-wife.
The Supreme Court recently said that a criminal case for cruelty under Section 498A of the Indian Penal Code (IPC) cannot be sustained against a woman with whom the husband had an extra-marital affair. The top court also said that such a woman would not come within the ambit of the term "relative" under Section 498A IPC. A bench of Justice BR Gavai and Justice KV Viswanathan thus quashed a criminal case against a woman who was named as an accused on the allegation that she was a romantic partner of the husband of the complainant-wife. The apex court further observed that "a girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative." SC on 498A: Merely Because Wife Didn’t File Complaint Under Section 498A of IPC for Many Years Doesn’t Mean There Was No Cruelty by Husband, Says Supreme Court; Rejects Man’s Plea for Discharge.
HC Quashes Criminal Complaint Against Woman Named as Accused
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