Karnataka High Court Rules Out Cruelty Charges Against Husband's Partner

The Karnataka High Court has ruled that a married man's partner cannot face charges of cruelty and intimidation filed by his wife under the Bharatiya Nyaya Sanhita. Justice M Nagaprasanna issued the order while ending a criminal case against the woman. The court noted that Section 85 of the new penal code only applies to a husband or his family members, carrying a prison term of up to three years along with a fine. The judge based this decision on a previous ruling by the Supreme Court in the case of Dechamma IM versus the State of Karnataka, which established that an outside partner does not qualify as a relative of the husband. The original complaint filed by the wife had accused the partner of multiple offences, including assault, criminal threats, intentional insult, and taking dowry under the Dowry Prohibition Act of 1961. Legal representatives Gagandeep E and Ajit PB represented the petitioner, while Advocate PM Gopi appeared for the wife during the proceedings. The high court observed that even under older legal frameworks like Section 498A of the IPC, any claims of mistreatment must involve the husband or his blood relatives and relate directly to unfulfilled dowry demands. After reviewing the police charge-sheet, the court found no evidence linking the petitioner to any harassment regarding dowry demands, leading to the dismissal of the case against her.