Girlfriend or Concubine: Relative of the Husband
In this article, we are going to analysis whether a concubine (mistress) or the girlfriend of a husband is considered his relative by analysing the scope of Section 498A of the Indian Penal Code, 1860.
Table of Content:
- Introduction
- The policy behind inserting Section 498 A
- Punishment prescribes under the section
- Summary of the facts
- Issues Raised
- The contention of the parties
- Judgment passed
- Critical Analysis
- Conclusion
Introduction
Section 498 A of the Indian Penal Code by the Criminal Law (Second Amendment) Act, 1983 by the government of India. This section talks about the cruelty of a woman on account of her husband and his relative. This section provides that if a husband of a woman or his relative raise some undesirable demands such as demanding some valuable security or any kind of property as on the failure to meet some demand results in cruelty with her, the cruelty can be in any form either it be mental cruelty or the physical one. This section also talks about the situation where the unlawful demands raised by the husband and his relative forced the woman to commit suicide or lead to cause any such injury which is proven to be dangerous to her life or health.
The policy behind inserting Section 498 A
The purpose behind inserting this section by the way of the amendment is to safeguard the interest of married women who have to suffer harassment in the form of cruelty by her husband and his relatives and to upheld and promote women empowerment. Also, by inserting this section legislature want to remove the disparity between the man and woman and it can only be curable when both the man and woman show respect to each other.
Punishment Prescribes Under the section
If a man (husband) or his relative is involved in such an act then they are liable to be punished with imprisonment up to three years which is accompanied by a fine. This offense is cognizable, non Compoundable as well as non bailable.
Anumala Aruna Deepika vs State of Andhra Pradesh [CRLP No. 3838 of 2021]
Summary of the facts
In the instant case, an F.I.R. was lodged in Disha Women Police Station SPSR Nellore District Andhra Pradesh by a wife of the accused against her husband and the petitioner in this case. The petitioner is having an explicit relationship with her husband. She complained that her husband and his illegal intimate relationship with his girlfriend amounts to mental and physical cruelty. The F.I.R. was lodged under sections 498 A and 114 of the Indian Penal Code, 1860.
The petitioner file a petition in the Andhra Pradesh High Court under Article 226 of the Constitution of India by contending that the F.I.R. lodged by the complainant is liable to be quashed as only the word relative use in section 498 A of the Indian Penal Code, 1860 is in the context of the person who is related to the husband either by blood or via marriage.
Issues Raised
- Whether a concubine or a girlfriend of the husband is considered as his relative?
- Whether the word relative used in the context of the husband under section 498 A of the Indian Penal Code, 1860 is limited to the relation by blood or marriage?
- Can an extramarital affair of the husband be treated as mental cruelty under section 498 A of the Indian Penal Code, 1860?
The contention of the Parties
Petitioner
- Advocate Naga Parveen Vankayalpati who appeared on the behalf of the petitioner contended that the F.I.R. lodged against his client is liable to be quashed
- He contended that section 498 A of the Indian Penal code, 1860 talks about the cruelty done by the husband and the relatives of the husband but here in that section relative means all those people who are related to the husband of the complainant wife either by blood or by marriage.
- And my client, i.e., the Petitioner of the instant case is the girlfriend of the accused husband, and hence she is not coming under the ambit of the relative of the husband as she is neither related to the accused husband, i.e., the husband of the complainant by blood nor via marriage.
Complainant
- The accused 1, i.e., the petitioner is having an illegal intimate relationship with her husband.
- The said relationship amounts to be a cruelty to her. Therefore, she filed a complaint in the women’s police station under the cruelty and such cruelty affecting her mental health.
- It was also alleged by the complainant’s wife filing this complaint as the act of her husband and his alleged girlfriend abetting her to do or commit something wrong.
Judgment passed
Justice Cheekati Manavendranath ordered to quash the F.I.R registered by the complainant wife against her husband and his alleged girlfriend under section 498 A and section 114 of the Indian Penal Code, 1860. The High Court bench while passing the judgment in the instant case was stated that it is well fact that the law provision provided under section 498 A of the Indian Penal Code, 1860 deals with the cruelty by the husband and his relative and the relative must be related to the husband either by the blood or via marriage. A girlfriend or the Concubine of the husband will not be treated as the relative of the husband as she is not covered under the explanation of the expression “relative of the husband.”
While passing this judgment the Bench of the High Court gives an emphasis on the Hon’ble Supreme Court Judgment in the case of U. Suvetha vs State by Inspector of Police & Anr. [(2009) 6 SCC 757]. In this case, Justice S.B. Sinha and Justice R.M. Lodha held that whenever the question involved in the case which is related to the expression ‘Relatives of the Husband of a Woman’ under section 498 A of the Indian penal Code, 1860 then it is clear by the court that the relatives are limited to the relations by blood or marriage and a girlfriend or concubine will not be considered as the one.
The Andhra Pradesh High Court held that the F.I.R. will be continued against the husband of the de facto complainant and all the proceedings against the petitioner, i.e., the accused no. 1 of the F.I.R. is liable to be quashed.
Critical Analysis
From the above discussion, we can analyse that to file and maintained a suit under section 498 A of the Indian Penal Code, the following ingredients must be fulfilled:
- The complainant woman must be a married one.
- She must be a victim of cruelty.
- Cruelty here means:
- Any deliberate act which forced the woman to either:
- alleged to commit suicide; or
- Such an act caused her any severe injury or danger to her health, limb, or life.
- Harassment to woman:
- For an unlawful demand for any property or valuable security;
- Failure to fulfil such a demand by the woman or her relative
- Such cruelty is done either by the husband or by his relative.
In the instant case, the court finding stands to be valid as the object behind enabling this section is to protect the woman from the cruelty by her husband or his relative, and by quashing the proceeding against in this case didn’t defeat the policy of this section.
Conclusion
If a girlfriend or the concubine will be included under the ambit of the scope of thr=e relative of the husband then it causes a delay in court’s procedure by adding an unnecessary party in the suit. Therefore, the court’s decision in the instant case again upheld the intention of the legislature behind the enactment of this section. Section 498 A of IPC is considered as a boon or bane is depend upon case to case basis. If a woman intentionally making a false accusation against the husband and his relative then the husband can file a suit for defamation under section 500 of the Indian Penal code, 1860. Also, the husband can file an application for recovery of damages under section 9 of the code of civil procedure, 1908.