Bengaluru / New Delhi: The Supreme Court of India has sought the government’s response on a crucial legal question: Can a woman living in a live-in relationship with a married man file a case of dowry harassment or domestic violence under Section 498A of the Indian Penal Code (IPC)?
Background of the Case
The case involves Dr. Lokesh B. H., a cardiologist from Bengaluru, who married Navina in February 2000. Ten years into their marriage, Dr. Lokesh entered into a relationship with another woman, Tirtha, who claimed they were married in 2010. In 2015, Tirtha filed several complaints against Dr. Lokesh and his family, which were later settled amicably.
In 2016, Tirtha lodged a fresh FIR alleging that Dr. Lokesh had demanded dowry and attempted to burn her alive. She also filed a separate case citing domestic violence. Dr. Lokesh contested the allegations, asserting that his relationship with Tirtha was a live-in arrangement and not a legal marriage.
High Court Proceedings
Dr. Lokesh approached a family court in Bengaluru, claiming there was no legal marriage with Tirtha. While the family court proceedings remain pending, police filed a chargesheet in 2023 based on Tirtha’s complaints. The High Court rejected Dr. Lokesh’s plea to dismiss the cases, prompting him to approach the Supreme Court.
Supreme Court Hearing
A bench comprising Justices Sanjay Karol and N. K. Singh heard Dr. Lokesh’s appeal on Friday. The court observed that the key issue to consider is whether a man in a live-in relationship can be prosecuted under Section 498A or equivalent provisions of the IPC for dowry harassment and cruelty.
Government Response Sought
The Supreme Court has issued a notice to the central government, seeking its response on the matter. Additional Solicitor General Aishwarya Bhati has been requested to assist the court, while Advocate Neena Nariman has been appointed as amicus curiae.
Senior Advocate Sanjay Nooley, representing the petitioner, argued that the High Court erred in interpreting Section 498A as applicable to live-in relationships. He contended that under the current law, dowry harassment and domestic violence complaints can only be filed by a wife against her husband or his relatives. Section 498A specifically provides for imprisonment of up to three years and fines for any cruelty inflicted by a husband or his relatives on a woman.
The Supreme Court’s decision in this case could have far-reaching implications for the legal scope of Section 498A in India, particularly concerning live-in relationships involving married individuals.
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