SC: Can’t be held guilty of cruelty just for extramarital affair

The court also held that a man cannot be held guilty of abetting suicide if his wife takes the step after knowing of his extramarital relationship.

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The order came as the court acquitted a man from Kolar in Karnataka who was sentenced to four years in jail for abetting his wife’s suicide.

The Supreme Court Thursday observed that a man cannot be held guilty of cruelty and jailed for three years just for having an extramarital affair. The court also held that a man cannot be held guilty of abetting suicide if his wife takes the step after knowing of his extramarital relationship.

“Extramarital relationship, per se, would not come within the ambit of Section 498-A of the 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,” held a bench led by Justice Dipak Misra. Section 498-A states that a husband or his relative subjecting a woman to physical or mental cruelty can be imprisoned for three years.

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The bench added that even if the illicit relationship is proven by the prosecution, unless some other acceptable evidence is brought on record to establish such degree of mental cruelty that would compel a woman to commit suicide, a man cannot be convicted under Section 306 of IPC. Under Section 306, a man held guilty of abetting a suicide can be jailed for 10 years.

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“Solely because the husband is involved in an extramarital 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, IPC,” noted the bench.

The order came as the court acquitted a man from Kolar in Karnataka who was sentenced to four years in jail for abetting his wife’s suicide. The bench exonerated him after noting that there was no evidence on record to show that he treated his wife with cruelty — physical or mental.

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