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Karnataka High Court Rules Husband's Girlfriend Cannot Face Cruelty Charges Under BNS

· India · Hindustan Times, The Hindu

The Karnataka High Court has ruled that a husband's girlfriend cannot be prosecuted for cruelty and intimidation against his wife under Section 85 of the Bharatiya Nyaya Sanhita. Justice M Nagaprasanna delivered the verdict while quashing criminal proceedings against the woman paramour, relying on a Supreme Court precedent which established that a girlfriend cannot be classified as a relative under matrimonial law. The wife's initial complaint had accused the woman of offences including criminal intimidation, intentional insult, and violations under the Dowry Prohibition Act of 1961. Section 85 of the BNS specifically penalises a husband or his relatives for subjecting a woman to cruelty, carrying a maximum imprisonment term of up to three years alongside a fine. Advocates Gagandeep E and Ajit PB represented the petitioner, while Advocate PM Gopi appeared for the complainant wife.

Why it matters

The ruling sets a clear legal boundary on matrimonial dispute prosecutions in India, clarifying that individuals outside defined familial relations cannot be charged under spousal cruelty provisions.

Read the original report — Hindustan Times

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