“Husband’s Extra-Marital Affairs Do Not Amount To Harassment Or Cruelty,” Says Supreme Court

While we were still recuperating from the blow of the grounds for divorce laid by the Supreme Court lately, another ball seems to have stricken right into the stumps! In a country where marital rape is still not a criminal offense under the IPC, verdicts that you’re about to hear will dwindle your faith in the judiciary.

According to the Supreme Court, extra-marital affairs of a man do not always amount to mental cruelty attracting the provision of abetment to suicide. The statement has come to light after a woman committed suicide due to her husband’s alleged extra-marital affairs.

“Extra-marital relationship, per se, or as such would not come within the ambit of Section 498A (harassment to married woman by her husband or his family members) of IPC.

It would be an illegal or immoral act, but other ingredients are to be brought home so that it would constitute a criminal offence.”

The bench for this case had justices Dipak Misra and Amitava Roy

 

 It is significant to note that the other woman involved in the case also committed suicide due to humiliation leading to two more suicides, committed by her mother and brother.

 

If that wasn’t cruel enough, the man charged for infidelity filed an appeal against his conviction of four-year sentence for causing harassment and mental cruelty to his wife, and the SC acquitted him of all charges.

“To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as mental cruelty which would attract mental cruelty for satisfying the ingredients of Section 306 (abetment to suicide) of IPC.”

 

However, the bench also clarified its stand saying that cruelty can be both physical and mental. But behaviour amounting to cruelty or harassment will depend upon the facts of the case at hand.

“extra-marital affair may not in all circumstances invite conviction under Section 306 of the IPC but definitely can be a ground for divorce or other reliefs in a matrimonial dispute under other enactments.”

I don’t know about you, but I’m getting a prenup before I get married!

News Source: NDTV

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