High Court Rules Live-In Partners Cannot Face Prosecution for Cruelty as Husbands

New Delhi, India: The Kerala High Court on Thursday quashed a proceeding stating that a woman’s partner who is not married legally, cannot be prosecuted under Section 498A of the IPC for the offence of cruelty. The remarks came against a petitioner was was the live-in partner of the complainant woman. 

What did the High Court say about abuse by live-in partner? 

“Thus, it appears that in order to attract an offence punishable under Section 498(A) of IPC, the most essential ingredient is, subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term 'husband @ hubby' means a married man, a woman's partner in marriage,” it said. 

"Thus, marriage is the constituent which takes the woman's partner to the status of her husband. Marriage means a marriage in the eye of the law. Thus, without legal marriage, if a man becomes a woman's partner, he will not be covered by the term 'husband' for the purpose of Section 498(A) of IPC," the ruling of the court added. 

What was the allegation against live-in partner? 

According to the complainant the petitioner allegedly harassed her while they were in a live-in relationship. 

Offence of cruelty must be committed by husband: HC 

In its ruling the court further stated that to attarct an offence under Section 498A, an offence of cruelty must be committed by the husband or relatives of the husband. 

It stated that a man, who was a woman's partner without legal marriage, cannot be prosecuted under Section 498A.