Karnataka HC Says Section 498A Applies to Live-In Relationships When Woman Is Misled Into Believing It’s a Marriage

New Delhi: The Karnataka High Court has ruled that protections under Section 498A of the IPC can extend to women in live-in relationships that have the attributes of a marriage and later subjected to cruelty.

The order came after a complainant’s partner argued that the provision which deals with cruelty by a husband or his relatives could not apply to him. He claimed their relationship was not a valid marriage but only a live-in arrangement and added that he was already married to another woman and had a daughter with her.

The Court rejected this defence stating, "The term 'husband' in Section 498A must be given a purposive and expansive construction, and the protection afforded by the provision cannot be denied merely on the technical ground of a void marriage. Where a man induces a woman to believe that she is lawfully married to him and thereafter subjects her to cruelty, such a man cannot be permitted to evade criminal responsibility on the plea that no valid marriage existed in law."

The court clarified that the law can be invoked when a woman, deceived about the nature of the relationship, faces cruelty similar to that experienced in a marriage.

The judge said the provision must be interpreted in a way that strengthens its objective of addressing marital cruelty. Advocates Harsha Kumar Gowda HR and AN Radhakrishna represented the petitioners, while High Court Government Pleader MR Patil appeared for the State.

The complainant was represented by Santhosh Kumar MB and Udaya Prakash Muliya. The woman believed she had married the petitioner in 2010 and lived with him at various places. She alleged dowry demands, repeated acts of cruelty and an attempt to burn her after being doused with kerosene.

She filed a complaint in Shivamogga in 2016 after returning home to find their shared residence vacated. Police first registered a theft case and later added Section 498A based on her supplementary statements.

ALSO READ: Suspended For Making Reel During Class, National Skating Champ Jumps Off 3rd Floor Of School