‘Woman having extramarital affair can’t be booked for cruelty’

A woman having an extramarital affair with a married man cannot be booked for cruelty, says HC.

A woman having an extramarital affair with a married man cannot be booked for cruelty to a married woman was recently ruled out by the Aurangabad bench of the Bombay HC.

Justice V R Kingaonkar passed this ruling while quashing a FIR against a 28-year-old lady who was hauled to the police station by the wife of the man with whom she was having an affair.

The court while passing this judgement observed that the law made it clear that only the husband and his relatives can be booked for cruelty by the aggrieved wife. “The another woman in the man’s life cannot be considered as a relative,” the court observed.

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The complaint was filed at Gadgenagar police station in Amravati by a woman who claimed that she had learnt about her husband having an affair with another woman.

According to the wife, her husband and his relatives started harassing her and subjected her to cruelty. She also demanded to include the other woman’s name as one of the accused.

According to her arguments, the other woman should also be booked as she was the main reason why the man and his relatives started harassing her.

The court however observed that even though the second lady would have been the cause of bickerings between husband and wife, she cannot be booked for cruelty as she is not a relative.

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