Husband's Girlfriend Not 'Relative' For Wife To Allege Cruelty: Reiterates Gujarat HC, Quashes Section 498A IPC FIR Against Woman

The Gujarat High Court quashed a cruelty FIR against a woman alleged to be the girlfriend of a married man, reiterating that a woman who is stated to be the girlfriend of the husband cannot be roped in by the complainant wife as a "relative" to make allegations under IPC Section 498A.

The petitioner argued that she is the "paramour" of the husband of the complainant, and except the allegation that the petitioner was in relationship with husband of the complainant, there is no other allegations levelled against her.

Justice JC Doshi in his order said,"I have heard learned advocates for both the sides, perused record as well as authority cited at bar. It is noticed that the petitioner is alleged to be girl-friend of the husband of the complainant. No status has been align with the petitioner. Learned APP who argued to disallow the application, could not found any relationship of petitioner with husband of complainant, except she being girl-friend of the husband".

The court examined the FIR wherein the complainant had alleged that her husband told her that he has an affair with the petitioner and therefore the complainant must divorce him, other wise he will kill her. The complainant wife had also alleged that the petitioner would come over to the former's home and say that she was having an affair with the former's husband, uttered abusive words causing the complainant harassment and severe mental and physical cruelty.

Justice Doshi after examining the allegations made by the complainant-wife's in the FIR said that the same indicates that apart from petitioner being girlfriend of husbandof complainant, no other "relative has been align to her".

The court referred to Supreme Court's decision in Dechamma I.M.@ Dechamma Koushik v/s. State of Karnataka (2024) where it was held, "It could thus be seen that this Court has, in unequivocal terms, held that a girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative."

It thereafter said, "Apart from above material placed on record by way of FIR as well as charge-sheet, no other offence alleged in the FIR attract essential ingredients of sections 323, 504, 506(2) of IPC are missing in absence of documentary evidence supporting case of complainant. In this circumstances, the petitioner cannot be permitted to face rigmarole of the trial".

The court thereafter quashed the FIR.

Case title: X v/s State of Gujarat and Another

Click Here To Read/Download Order 

Citation: 2025 LiveLaw (Guj) 61