Nagpur: In a significant ruling, the Nagpur bench of the Bombay High Court clarified that a husband’s girlfriend cannot be considered a “relative” under domestic violence laws. Consequently, she is exempt from being charged under Section 498A of the Indian Penal Code (IPC). Let’s delve into the details:
Background
The case before the Nagpur Bench involved a resident of Chandrapur, Maharashtra, who was accused of having an extramarital affair with the complainant’s husband. The police charged her, along with the husband and his family, under Section 498A. This section makes it a criminal offense for a husband or his relatives to subject a married woman to cruelty or harassment, with penalties including imprisonment of up to three years and fines.
Court’s Decision
A division bench comprising Justices Vibha Kankanwadi and Vrushali Joshi ruled that since the petitioner woman is not a relative of the husband, Section 498A does not apply to her. The chargesheet filed against her was based on allegations that the complainant woman’s husband had an extramarital affair with her. According to the court, this chargesheet is illegal under the law.
Arguments Presented
- Petitioner’s Argument: The petitioner contended that Section 498A should only apply to the husband and his relatives, not to third parties involved in extramarital affairs.
- Woman’s Argument: The accused woman claimed that personal enmity led to the charges against her, as she was close to the complainant’s husband.
Implications
Experts believe that this judgment provides clarity on the scope of domestic violence laws. It reinforces the principle of not expanding the statutory definition of “relative” beyond its intended meaning. Given the sensitivity and complexity of extramarital affairs, the High Court’s ruling is likely to significantly impact the approach and adjudication of such cases in the future.
