Husband’s affair not cruelty by itself under IPC Section 498A: Madras High Court

The Madras High Court has dismissed an appeal challenging the acquittal of a man accused of subjecting his wife to cruelty and abetting her suicide. The court observed that the husband's illicit relationship with another woman by itself did not amount to cruelty under IPC Section 498A. The case involved the death of the woman, who allegedly took her life along with their child in 2010.

The husband was initially acquitted in 2018 due to insufficient evidence to prove dowry demand and extramarital relationship. The court disagreed with the trial court's reasoning that the alleged extramarital relationship could not be established because the wife with whom the husband was involved was not examined as a witness. However, it clarified that the husband's extramarital relationship did not by itself constitute cruelty under IPC Section 498A.

The court also noted that the allegation of dowry demand was vague and not made in the earlier complaint. The prosecution failed to prove its case, leading to the dismissal of the appeal.

Brief written by urgent.news from The Indian Express's own syndicated text. Machine-written — may contain errors; check the original before relying on it.