Kamal Ghorui
NEW DELHI: Can a married man in a live-in relationship be prosecuted for dowry harassment on the complaint of a woman with whom he was in an extra-marital affair, even though the law specifies that only a wife can make such a complaint against her husband and his relatives?A Supreme Court bench of Justices Sanjay Karol and N K Singh on Friday entertained an appeal by a doctor, Lokesh B H, challenging a Karnataka HC order rejecting his plea for quashing prosecution launched against him based on a complaint filed by his alleged live-in partner. The bench said, “The pertinent question that arises for consideration in this petition is whether a man, who is in a live-in relationship in the nature of marriage with a woman, can be prosecuted for having committed an offence under Section 498A of the Indian Penal Code (IPC) or its corresponding section in the Bhartiya Nyaya Sanhita.”SC sought a response from govt on the issue and requested additional solicitor general Aishwarya Bhati to assist the court. It also appointed advocate Nina Nariman as amicus curiae. Appearing for the petitioner, senior advocate Sanjay Nuli said the HC erred in interpreting that rigour of Section 498A applies even to a live-in relationship, even though the definition under the IPC section envisages action against the husband by the wife. Section 498A provides that “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 be liable to fine”. Under it, cruelty includes dowry demands, and coercion and ill treatment.In the current case, Lokesh – a cardiologist – was married to Naveena in Feb 2000. It was alleged by another woman, Teertha, that she got married to Lokesh in 2010. In 2015, Teertha lodged several complaints with police against Lokesh, his mother, sister and a cousin, but these were closed. In 2016, Teertha lodged a complaint accusing Lokesh of attempting to burn her while demanding dowry, even though Lokesh’s employer certified that on the day of the alleged incident, he was at his workplace – a hospital. She later lodged a domestic violence case against him. Lokesh filed a suit before a family court at Bengaluru seeking a declaration that there was no marital relationship between him and Teertha, which is still pending adjudication. In 2023, the police filed chargesheet against Lokesh for allegedly attempting to burn Teertha and demaning dowry. He challenged this before the HC which dismissed it.
