The Kerala High Court has observed that a man who was not a legally wedded partner of a woman cannot be prosecuted for the of- fence of cruelty under Section 498 (A) of the India Penal Code (IPC) as he does not come under the definition of husband in the Section.
Justice A. Badharudeen made the observation recently while quashing a case registered against a live-in partner on a complaint of a woman.
The court observed Marriage is the constituent which takes the woman’s partner to the status of her husband, says Kerala HC.the term “husband” means a married man, a woman’s partner in marriage. Thus the marriage was the constitute 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 coverd by the term ‘husband’ under Section 498(A) of IPC.
The allegation against the man was that, while the woman was maintain- ing a live-in relationship with the accused, , he mentally and physically harassed her.
