In an important ruling clarifying the scope of matrimonial offences, the Karnataka High Court has held that a female companion or girlfriend of a married man cannot be classified as his relative under criminal law. On this specific legal ground, the bench quashed criminal proceedings initiated against a woman by the wife of her partner, affirming that statutory provisions governing cruelty by relatives cannot be stretched to cover personal acquaintances outside the family fold.
Origin of the Dispute and Trial Court Action
The dispute originated from a formal criminal complaint filed by a married woman against her husband and his female friend. The complainant levelled accusations of cruelty under Section 85 of the Bharatiya Nyaya Sanhita (BNS), alongside serious charges involving physical assault, criminal intimidation, and violations of the Dowry Prohibition Act, 1961. The local trial court took judicial cognizance of these accusations and decided to initiate criminal proceedings against both the husband and the woman identified as his girlfriend.
Challenge Before the High Court
Aggrieved by the trial court's decision to pursue the matter, the female companion approached the Karnataka High Court by filing a criminal petition. She challenged the sustainability of the proceedings pending against her, contending that she bore no familial or marital link to the complainant or the household. She argued that criminal provisions specifically enacted to address domestic harassment by a husband or his family members could not legally be applied to a third party outside the defined domestic relationship.
Legal Precedents and Justice M. Nagaprasanna's Verdict
Justice M. Nagaprasanna presided over the hearing and examined the statutory framework alongside authoritative judicial pronouncements. The bench referred to binding precedents from the Supreme Court, which had firmly settled that a female friend or partner of a married individual cannot be considered a relative under matrimonial penal laws. The High Court observed that Section 85 of the BNS is specifically designed to apply strictly to a husband or relatives of the husband who subject a married woman to acts of cruelty.
Absence of Direct Dowry Demands and Final Relief
Scrutinising the evidentiary record, the court further pointed out that the case materials lacked any concrete allegations or corroborative proof showing that the petitioner had any direct connection with demands for dowry or related harassment. The bench noted that even when evaluated under the earlier framework of Section 498A of the Indian Penal Code (IPC), penal liability necessitated harassment connected to unlawful dowry demands made by a spouse or his relatives, a threshold entirely unfulfilled in the present circumstances. Concluding that the criminal process had been improperly invoked against the petitioner, the High Court quashed all pending criminal proceedings against her.
