Can a live-in partner file a dowry harassment case? (file photo)
Digital Desk New Delhi. Can a dowry harassment case be filed against a married man by his 'live-in partner', or can only the legal wife file a dowry harassment complaint? In fact, while hearing the petition of a doctor from Karnataka in the Supreme Court, this question was considered important.
The doctor says that he is not married to the woman who has filed a dowry harassment case against him, yet the Karnataka High Court refused to cancel the dowry harassment case filed by the woman.
The petitioner argues that as per the law, only a 'lawful wife' can file a complaint against her husband or his relatives under Section 498A (dowry harassment), while the High Court has extended this provision to live-in relationships as well.
Challenge to Karnataka High Court's petition
A Supreme Court bench comprising Justices Sanjay Karol and NK Singh on Friday heard the appeal of Dr Lokesh BH challenging the Karnataka High Court order rejecting his plea to quash the prosecution initiated against him on the basis of a complaint filed by his alleged live-in partner.
During the hearing, the bench said, "The relevant question for consideration in this petition is whether a man, who is in a live-in relationship tantamount to marriage with a woman, can be prosecuted for committing an offense under Section 498A of the Indian Penal Code (IPC) or its equivalent section in the Indian Code of Justice."
demand response from government
The Supreme Court sought a response from the government on the issue and requested Additional Solicitor General Aishwarya Bhati to assist the court. Also, it appointed advocate Neena Nariman as amicus curiae (court advisor).
What did the petitioner's lawyer say?
Senior advocate Sanjay Nuli, appearing for the petitioner, said that the High Court has made a mistake in applying the strictness of Section 498A to live-in relationships also, whereas this section of the IPC provides for action to be taken by the wife against the husband.
What is the whole matter?
Let us tell you that in the present case, Dr. Lokesh is a cardiologist. He was married to Navina in February 2000. Another woman accused Lokesh that she was married to him in 2010. In 2015, Tirtha filed several police complaints against Lokesh, his mother, sister and a cousin, but all of them were closed.
In 2016, Tirtha filed a complaint against Lokesh, accusing him of attempting to burn her while demanding dowry.
However, Lokesh's employer testified that he was present at his workplace - a hospital - on the day of the alleged incident. Later Tirtha filed a case of domestic violence against him. Lokesh filed a suit in a family court in Bengaluru seeking a declaration that there was no marital relationship between him and Tirtha, a decision on which is still pending.
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