CHENNAI: The Madras High Court has stated that the extramarital affair of a husband with another woman, “by itself”, cannot be held to be cruelty against the wife under Section 498A of the Indian Penal Code (IPC).
Justice Sunder Mohan gave the ruling recently while dismissing an appeal filed by T Deivakumar of Tiruppur district, challenging the acquittal of his brother-in-law by the Fast Track Mahila Court in Tiruppur on April 23, 2018, in connection with his sister’s death by suicide.
The deceased’s marriage was solemnised on September 14, 2008. In 2010, she went missing and the police concerned registered a woman missing case based on a complaint lodged by Deivakumar. Later, she was found dead along with her minor child. The police altered the sections to 498A (cruelty) and 306 (abetment) of IPC in the case.
The trial court acquitted the husband after finding that the prosecution had failed to establish the dowry demand and the illicit relationship. Since the state did not file an appeal, the deceased’s brother preferred the appeal.
In the order, Justice Sunder Mohan said, “The fact that the second respondent (husband) had an illicit relationship by itself would not amount to cruelty in terms of Section 498A of IPC. On facts, this court is of the view that it was not of such a nature as to drive the wife to commit suicide. It is well settled that in order to attract the offences under Section 498A of IPC, something more than mere illicit relationship has to be established by the prosecution, which is not so in this case.”
Referring to the allegation of dowry harassment, he said this version cannot be believed because the evidence discloses that such allegation is not proved by the prosecution witnesses; “besides being vague, it was not made in the earliest version”.
