71. A concubine,whether can be prosicuted for u/s 498-A, IPC ?

The Supreme Court on 6 may,2009 held that a girlfriend is not relative, therefore she can't be prosecuted for dowry or cruelty u/s 498-A, IPC

In criminal Appeal no.938/2009,U Suvetha v. State, the supreme court had occasion to consider as to whether the term "relative of husband of a woman" within the meaning of Section 498A of the Indian Penal Code should be given an

extended meaning so as to cover a girlfriend or concubine of husband ? A bench comprising Justices S P Sinha and R M Lodha, while allowing the appeal of U Suvetha, the alleged girlfriend of Tutus Gunaraj the husband of the complainant, in its judgment noted," By no stretch of imagination, a girlfriend or even a concubine in an etymological sense would be relative."

After elaborate discussion of case law the apex court held that the word relative brings within its purview a status. Such a status must be conferred either by blood, marriage or adoption. If no marriage has taken place, the question of one being relative of another would not arise.

The court said that living with another woman may be an act of cruelty on part of the husband for the purpose of judicial separation or dissolution of marriage but the same, in would not attract the wrath of section 498 (A) of the Indian Penal Code. In the absence of any statutory definition, the term relative must be assigned a meaning as is commonly understood. The apex court set aside the impugned judgment of the High Court and concluded by saying, "We would assume that the term husband would bring within its fold a person who is said to have contracted a marriage with another woman and subjected her to cruelty."