In a significant ruling, the Kerala High Court clarified that a man in a relationship with a woman without a legally recognised marriage does not qualify as her “husband” under Section 498A of the Indian Penal Code (IPC), which addresses cruelty by a husband or his relatives. This decision came as the Court allowed a petition to quash a criminal case alleging cruelty under Section 498A, on the grounds that the marriage between the petitioner and the complainant had been declared null and void, as per a report by the Verdictum.
The case, overseen by Justice A. Badharudeen, involved a man whose marriage to the complainant was nullified by the Family Court due to the complainant’s ongoing marriage with another individual at the time. The Family Court ruled the union invalid under Section 5(i) of the Hindu Marriage Act (HMA), which mandates that neither party have a living spouse when marrying.
Justice Badharudeen noted, “For Section 498A to be applicable, the relationship must constitute a legal marriage, making the man a ‘husband’ and thus subject to prosecution. Without this legal basis, a partner cannot assume the status of husband in the eyes of the law.”
The petitioner’s counsel, Senior Advocate K. Ramakumar, argued that Section 498A specifically applies to acts of cruelty committed by a husband or his relatives, emphasising that the legal definition of “husband” includes only those in a lawful marital relationship. The court observed that since the Family Court had voided the marriage from the outset, the petitioner could not be held as the complainant’s husband under Section 498A.
The judgment reiterates that a valid marriage is essential for prosecution under this section, thereby excluding relationships without legal recognition. The Court concluded by allowing the petition and quashing the criminal case.
Senior Advocate K. Ramakumar represented the petitioner, while Senior Public Prosecutor Renjit George appeared for the respondents.
This ruling adds to the judicial interpretation of Section 498A, underscoring the necessity of legal marriage for invoking this provision against alleged cruelty.
