Supreme Court on Thursday clarified that extramarital affair will not be invited in the Provision of 498A Indian Penal Code(Dowry Law) . The court has acquitted a husband whose wife committed suicide because of her husband’s extramarital affair. The court asserted-“ extramarital affairs are considered as illegal and unlawful. But we cannot relate it with mental harassment towards the wife. Because to prove the husband is guilty of the crime, application of certain other conditions is necessary.” The Bench of Justice Deepak Misra and Amitava Roy stated that only extramarital affair cannot be a reason for committing suicide.
Actually, in this case, a woman named Deepa committed suicide as she was depressed because of his cheat husband. Both of them remained in this marriage for 7 years. After Deepa, her mother and brother also committed suicide. The court said that mental harassment depends on the environment and circumstances that the person is facing.
The court stated –“Women can apply for a divorce or can go for other decisions, other than suicide. We want to clarify this that if any husband goes for an extramarital affair then it would not be counted as a reason for suicide but can be a reason for divorce.” The court is working on other similar cases in which husbands were sent to jail by high courts or district courts.