Bombay High Court Dismisses FIR Against Husband’s Girlfriend in Domestic Violence Case
On January 18, the Bombay High Court ruled in favor of a woman, quashing an FIR filed against her by her boyfriend’s wife. The FIR was lodged at the Surgana police station in Nashik Rural under several sections of the Indian Penal Code (IPC), including Section 498A, which deals with cruelty to a wife by her husband or relatives.
The couple involved married in July 2016. The wife accused her husband and his family of subjecting her to both mental and physical cruelty. She claimed that her husband had an extra-marital relationship, which led to frequent arguments between them. Additionally, she alleged that he received messages from his girlfriend on WhatsApp and intended to marry her.
The judges referenced a 2009 Supreme Court verdict that defines “cruelty” under Section 498A. This definition includes behavior that could drive a woman to suicide or cause serious harm to her health, as well as harassment aimed at forcing her or her relatives to meet unlawful demands for property. The court ruled that “by no stretch of imagination would a girlfriend or even a concubine be considered a relative.” According to the court, a relative must be connected by blood, marriage, or adoption.
The High Court justices clarified that the girlfriend is not a relative of the husband. They noted that the only accusation against her was that of having an extra-marital affair and that the husband pressured his wife for a divorce to marry her.
The Bombay High Court ultimately dismissed the FIR against the girlfriend, stating that she cannot be held responsible for the allegations. The judges pointed out that there were “no allegations of abetment” against her, and that even if the accusations were accepted as true, they did not reveal any recognizable offense against her. The court concluded that pursuing criminal charges against her would be an abuse of the legal process.
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