Search

Build: v1.2.170

Karnataka High Court Rules Paramour Not Liable Under Section 498A IPC

The Karnataka High Court has ruled that a husband’s paramour cannot be considered a “relative” or “family member” under Section 498A of the Indian Penal Code (IPC) and thus cannot be implicated in proceedings under this section. This decision emphasizes the need to limit the scope of Section 498A to its intended targets: the husband and his direct relatives.

Case Background

The case involved allegations of cruelty and harassment filed by a wife under Section 498A of the IPC. Alongside the husband and his relatives, the wife also sought to include her husband’s paramour in the proceedings. The argument was that the paramour’s involvement in the husband’s life constituted cruelty towards the wife.

Court’s Rationale

The Karnataka High Court noted that Section 498A is specifically designed to address cruelty by the husband or his relatives. The term “relative” implies a relationship by blood, marriage, or adoption. Since a paramour does not fall under any of these categories, including her in the proceedings under Section 498A would extend the law beyond its intended scope.

Legal Implications

This ruling clarifies that the ambit of Section 498A should not be expanded to include individuals who do not have a legally recognized relationship with the husband. The court stressed that wrongful inclusion of individuals who do not meet the criteria set by the law can lead to misuse and unjust harassment. This decision aligns with previous judgments emphasizing the need to prevent the misuse of Section 498A (Legal Services India, SCC Online, Lawrato).

This judgment reinforces the importance of maintaining the integrity and intent of legal provisions, ensuring that they are not used to unjustly target individuals who are not legally accountable under specific statutes.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top