'Girlfriend isn’t relative': Bombay High Court dismisses wife's domestic violence case against husband's lover

In a recent ruling, the Bombay High Court has said that a husband’s girlfriend cannot be classified as a “relative” under domestic violence laws and exempted her from charges under Section 498A of the IPC.

This ruling came in response to a petition file by a woman who was accused of having an extramarital affair with the complainant’s husband.

Section 498A criminalises cruelty or harassment by a husband or his relatives towards a married woman, with penalties including up to three years of imprisonment and a fine.

The court’s Nagpur bench, led by Justices Vibha Kankanwadi and Vrushali Joshi, stated that since the petitioner woman is not a relative of the husband, Section 498A shall not be applied on her. The chargesheet is illegal as it is based on the allegation of an extramarital affair, not on the statutory definition.

The petitioner argued that the law’s scope is limited to the husband and his relatives, and that the charges against her stemmed from personal animosity due to her relationship with the complainant’s husband.