Prayagraj: In an order, the Allahabad High Court said on Monday that living like husband and wife is sufficient basis to prosecute dowry murder. Couples in live-in relationships also come under this category and can also be prosecuted for dowry harassment and murder. Justice Rajbir Singh's court pronounced the order while rejecting a petition by Adarsh Yadav.
In 2022, a case was registered against Yadav in Kotwali police station of Prayagraj in Uttar Pradesh under the sections of dowry harassment and murder. It was alleged that he used to demand dowry from the woman and torture her. Fed up with this, the victim took her own life. After the investigation, the police filed a charge sheet in the court. A discharge petition by Yadav was rejected by the trial court.
The order was challenged in the high court where the petitioner's advocate said Yadav was not the legal husband of the victim, so he could not be prosecuted for dowry harassment and murder. An additional government advocate said the woman had a court marriage with the petitioner who used to harass her for dowry. Therefore, the victim ended her life in his house.
After hearing the evidence and arguments available on record, the court said the intention of the law is clear from the fact that not only the husband but also his relatives come under the purview of the dowry death law. Citing decisions of the Supreme Court, the court said that even if it is assumed that the woman was not a legally married wife, there is sufficient evidence on record that the petitioner and the victim were living together as husband and wife. Therefore, the provisions of dowry death would apply and the application stands rejected.
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