Section 498A Applicability to Same-Sex Couples Requires Adjudication: Delhi High Court

The Delhi High Court, Bench of Justice Sanjeev Narula, issued notice on a petition filed by Simmi Patwa challenging an FIR registered under Sections 498A, 406, 506, and 34 of the Indian Penal Code, lodged by her former female partner.

The Petitioner contended that Section 498A applies exclusively to a “wife” and “husband,” and thus same-sex couples fall outside its ambit. She further submitted that no valid marriage existed, and alleged that the FIR was the result of threats and extortion related to surgery.

The Court directed the Delhi Police and the complainant to file their responses and posted the matter for hearing on November 13, 2025, holding that the applicability of Section 498A to same-sex relationships requires adjudication.

[Simmi Patwa v GNCT Delhi & Anr]