In a landmark judgment, the Kerala High Court has ruled that partners in live-in relationships cannot be prosecuted under Section 498A of the IPC for cruelty.

The court made this decision while quashing proceedings against a petitioner who was accused by his live-in partner, stating that legal marriage is a prerequisite for invoking this section.

"Thus, it appears that in order to attract an offence punishable under Section 498(A) of IPC, the most essential ingredient is, subjecting a woman to cruelty by her husband or relative/relatives of the husband. The term 'husband @ hubby' means a married man, a woman's partner in marriage. Thus, marriage is the constituent which takes the woman's partner to the status of her husband. Marriage means a marriage in the eye of the law. Thus, without legal marriage, if a man becomes a woman's partner, he will not be covered by the term 'husband' for the purpose of Section 498(A) of IPC," ruled the court.

During the period from March 2023 to August 2023, the petitioner allegedly subjected the woman to mental and physical harassment while they were in a live-in relationship.

The court clarified that Section 498A of the IPC pertains specifically to acts of cruelty committed by a husband or his relatives. It emphasized that partners in non-marital relationships cannot be prosecuted under this section, highlighting the requirement of legal marriage to invoke such provisions.