Legal Learning — Shri Ganpati Jurists
The Karnataka High Court has held that Section 498A IPC applies to:
Live-in relationships resembling marriage,
and
Void/voidable marriages where a woman was induced to cohabit under the belief of being lawfully married.
The term “husband” includes a man who:
Enters a marital relationship that is void/voidable, or
Cohabits in a relationship bearing attributes of marriage,
as long as allegations of cruelty meet statutory ingredients (mental/physical cruelty, dowry demand, or harassment).
A plea that the marriage is void in law cannot bar 498A prosecution when:
The woman believed the relationship to be marriage, and
Cruelty/dowry-related allegations are
present.
Core Takeaway:
Validity of marriage is not a strict pre-condition; the nature of relationship + cruelty allegations decide applicability.
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