3 months ago
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ARTICLE AD BOX
NEW DELHI: Can a joined antheral successful a live-in narration beryllium prosecuted for dowry harassment connected the ailment of a pistillate with whom helium was successful an extra-marital affair, adjacent though the instrumentality specifies that lone a woman tin marque specified a ailment against her hubby and his relatives?A Supreme Court seat of Justices Sanjay Karol and N K Singh connected Friday entertained an entreaty by a doctor, Lokesh B H, challenging a Karnataka HC bid rejecting his plea for quashing prosecution launched against him based connected a ailment filed by his alleged live-in partner.
The seat said, "The pertinent question that arises for information successful this petition is whether a man, who is successful a live-in narration successful the quality of matrimony with a woman, tin beryllium prosecuted for having committed an offence nether Section 498A of the Indian Penal Code (IPC) oregon its corresponding conception successful the Bhartiya Nyaya Sanhita."SC sought a effect from govt connected the contented and requested further solicitor wide Aishwarya Bhati to assistance the court.
It besides appointed advocator Nina Nariman arsenic amicus curiae. Appearing for the petitioner, elder advocator Sanjay Nuli said the HC erred successful interpreting that rigour of Section 498A applies adjacent to a live-in relationship, adjacent though the explanation nether the IPC conception envisages enactment against the hubby by the wife. Section 498A provides that "whoever being the hubby oregon the comparative of the hubby of a woman, subjects specified pistillate to cruelty shall beryllium punished with imprisonment for a word which whitethorn widen to 3 years and shall beryllium liable to fine".
Under it, cruelty includes dowry demands, and coercion and sick treatment.In the existent case, Lokesh - a cardiologist - was joined to Naveena successful Feb 2000. It was alleged by different woman, Teertha, that she got joined to Lokesh successful 2010. In 2015, Teertha lodged respective complaints with constabulary against Lokesh, his mother, sister and a cousin, but these were closed. In 2016, Teertha lodged a ailment accusing Lokesh of attempting to pain her portion demanding dowry, adjacent though Lokesh's leader certified that connected the time of the alleged incident, helium was astatine his workplace - a hospital. She aboriginal lodged a home unit lawsuit against him. Lokesh filed a suit earlier a household tribunal astatine Bengaluru seeking a declaration that determination was nary marital narration betwixt him and Teertha, which is inactive pending adjudication.
In 2023, the constabulary filed chargesheet against Lokesh for allegedly attempting to pain Teertha and demaning dowry. He challenged this earlier the HC which dismissed it.
