Hubby's extra-marital affair no ground for abetting woman's suicide
CHENNAI: Holding that a man’s extra-marital affairs cannot be a ground for abetting his wife to commit suicide, the Madras High Court has set aside the orders of a lower court awarding three years jail term to him. Extra-marital affair per se, would not come under the ambit of ‘cruelty’ under Sec. 498-A (Husband or relative of husband of a woman subjecting her to cruelty) IPC. In the absence of a clear proof to establish the allegation of abetment, the husband cannot be subjected to punishment, Justice S Vaidyanathan said.
The judge was allowing an appeal from Manickam of Salem challenging the order of local court convicting him for abetting his wife’s suicide, recently.To constitute an offence under Sec. 306 (Abetment of suicide) IPC, the prosecution has to establish beyond reasonable doubt that the deceased committed suicide and the accused abetted the same. But, for the alleged extra-marital relationship, nothing has been shown that the accused had provoked, incited or induced the wife to commit suicide.
As held by the Supreme Court, extra marital relationship may not in all circumstances invite conviction under Sec. 306 but, it can definitely be a ground for divorce in a matrimonial dispute, the judge said. Similarly, mental cruelty which is engraved in the first limb of Sec. 498-A IPC has nothing to do with the demand of dowry. It is associated with mental cruelty that can drive a woman to commit suicide and it depends upon the conduct of the person concerned.
This cruelty varies from person to person, depending upon the intensity and the degree of endurance. Extra-marital relationship, per se, or as such, would not come within the ambit of Sec. 498-A, the judge said. “In the instant case, even if the alleged relationship between the accused and his paramour is proved, there is no other acceptable evidence to establish such mental cruelty, which has driven the wife to commit suicide.”
Due to the alleged affairs of the man, his wife committed suicide by jumping into a well along with her 18-month old daughter on October 23, 2003.
Burden of proof
To constitute an offence under Sec. 306, the prosecution has to establish that the deceased committed suicide and the accused abetted the same. But, for the alleged extra-marital relation, nothing has been shown that the accused had provoked or induced the wife to commit suicide