Delhi High Court Set To Consider Whether Section 498A IPC Apply To Same Sex Relationships?

 

Case:- SIMMI PATWA vs. GNCT DELHI & ANR

Date:- 24.10.2025

The Hon’ble Delhi High Court is set to consider whether the offence of cruelty punishable under Section 498A of Indian Penal Code, 1860, applies to same sex couples or relationships.

  • The Hon’ble Court issued notice on a plea by Simmi Patwa, seeking to quash an FIR filed by her former female partner. The Petitioner has argued that Section 498A of IPC, only applies to a “husband” and “wife” in a heterosexual marriage, not to same-sex relationships. The FIR against Petitioners includes offences under Sections 498A, 406, 506, and 34 IPC.
  • The Petitioner claimed she is biologically female, diagnosed with gender dysphoria, and had a symbolic marriage with her partner. The plea also stated that the Protection of Women from Domestic Violence Act, 2005 doesn’t extend to same-sex relationships.
  • The Petitioner has filed a nullity petition under Section 11 of the Hindu Marriage Act, asserting that the relationship is void in law.
  • The Delhi Police and the complainant have been asked to file their responses.
  • The case will be heard next on November 13

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