Girlfriend or concubine not considered 'relative' under Section 498A IPC

The court determined that a 'girl friend' or 'concubine' does not qualify as a "relative" under Section 498A of the Indian Penal Code. As such, the appellant, described as such in the case, was not considered a relative of the husband as per the statute. The court emphasized the strict construction of the law and highlighted that the term "relative" encompasses relationships established through blood, marriage, or adoption. Consequently, the court set aside the initial judgment and allowed the appeal.

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Issues Involved:
1. Interpretation of the term "relative of husband of a woman" u/s 498A of the Indian Penal Code (IPC).
2. Applicability of Section 498A IPC to a 'girl friend' or 'concubine'.

Summary:

Issue 1: Interpretation of "relative of husband of a woman" u/s 498A IPC

The core question was whether the term "relative of husband of a woman" within the meaning of Section 498A IPC should be given an extended meaning to include a 'girl friend' or 'concubine'. Section 498A IPC states: "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine." The explanation defines "cruelty" as any willful conduct likely to drive the woman to commit suicide or cause grave injury or danger to life, limb, or health, or harassment with a view to coercing her to meet any unlawful demand for property or valuable security.

The court noted that the term "relative" is not defined in IPC and must be understood in its common parlance, which typically includes persons related by blood, marriage, or adoption. The court referred to various legal dictionaries and previous judgments to conclude that the term "relative" principally includes a person related by blood, marriage, or adoption.

Issue 2: Applicability of Section 498A IPC to a 'girl friend' or 'concubine'

The court observed that the appellant was described as the 'girl friend' of the husband in the first information report (FIR) and only at the end was referred to as a 'concubine'. The court held that a 'girl friend' or 'concubine' does not fall within the ambit of "relative" u/s 498A IPC. The court emphasized that the provision is penal and deserves strict construction. It stated, "By no stretch of imagination a girl friend 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."

The court also referred to previous judgments, including those from the Andhra Pradesh High Court and Bombay High Court, which held that a 'concubine' or 'girl friend' cannot be considered a "relative" of the husband for the purposes of Section 498A IPC.

Conclusion:

The court concluded that the appellant, being a 'girl friend' or 'concubine', is not a relative of the husband of the first informant within the meaning of Section 498A IPC. Therefore, the impugned judgment was set aside, and the appeal was allowed.

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