Scope of "relative" under s. 498-A, IPC

Clarification: accused is girlfriend /concubine of husband.

No, There is a recent judgement similar to the query, where the court has held that GF/concubine is not a relative for the purpose of 498 A

Quoted under is a SC judgement on the subject:The girlfriend or mistress of a married man cannot be tried for harassing his wife for dowry because the law provides for prosecution of only the relatives of the husband and girlfriends are not relatives, the Supreme Court has ruled.

In a ruling delivered last Wednesday, a bench of Justice S.B. Sinha and Justice R.M. Lodh has held that a man's wife cannot drag his girlfriend or mistress to the court on charges of torturing her for bringing insufficient dowry.

"Living with another woman may be an act of cruelty on the part of the husband for the purpose of judicial separation or dissolution of marriage but the same, in our opinion, would not attract the wrath of Section 498A of the Indian Penal Code," the bench said in its ruling released late Tuesday.

Section 498A of IPC prescribes punishment for the husband or his relatives including parents, brothers, sisters and even grandparents if they subject his wife to cruelty.

The apex court gave its ruling dismissing a Madras High Court ruling rejecting an appeal by a man's girlfriend facing prosecution on a complaint of harassment lodged by his wife.

The court quashed the dowry harassment case against a woman from Chennai, Sutpa (name changed), under Section 498A of the IPC, lodged by the wife of a man with whom she allegedly had illicit relations.

The man's wife had lodged the complaint that her husband had been mistreating her at the instance of his mother and the girlfriend and later left him to live with her mother-in-law at Cuddalore while he went to his place of work at Sivanangai.

"By no stretch of imagination a girlfriend or even a concubine in an etymological sense would be a 'relative'. The word 'relative' brings within its purview a status. Such a status must be conferred either by blood or marriage or adoption. If no marriage has taken place, the question of one being relative of another would not arise," the court observed.

"In the absence of any statutory definition, the term relative must be assigned a meaning as in completely understood," the court said, adding ordinarily it would include father, mother, husband or wife, son, daughter, brother, sister, nephew or niece, grandson or grand-daughter of an individual or the spouse of any person.

The court said the meaning of the word "relative" would depend upon the nature of the statute and principally included a person related by blood, marriage or adoption.

 No unless 494 is  charged 

quite interesting mr. srinivas !

now, according to you, a lady can be prosicuted u/s 498 -A alongwith s. 494. i think you mean that by allegation of bigamy a lady can be braught under definition of "relatives" of husband and thus she can be prosecuted u/s 498 A for cruelty to her co-wife ?

Dear Srinivas,

If I am not wrong S 494 applies to second marriage(bigamy) and doesnot deals with GF's and concubines

Mr. Vishal is right and thanks for him.

"Relative" is diferent from  a girl friend or a concubine. Actually the question itself is an answer. The relationship between a girl friend and a man is only a friendship be it legal or illegal. As far as concubine is concerned the relationship is illegal and immoral. The wording in the Section relates only to relations by blood, marriage, etc.

498A presupposes "married woman". a girl friend nor a concubine has the status of a married woman. so, 498A can have no application in those cases.

supreme court has passed a recent judgement and said that GIRLFIREND IS NOT LIABLE TO PROSECUTED UNDER 498A. i have the decision copy with me.

Thanks mishraji ! I have seen on judis.

thank you for appreciation sir. if advocte like you appreciate, its gives pleasure.