Husband’s illicit relationship by itself is not cruelty: Madras high court

Madras high court ruled that a husband's illicit relationship is not sufficient for cruelty under Section 498A.

CHENNAI: A husband’s illicit relationship with another woman by itself would not amount to cruelty to a married woman – a criminal offence under Section 498A of the IPC -- Madras high court has observed.“It is well settled that to attract the offence under Section 498A of IPC, something more than a mere illicit relationship has to be established by the prosecution,” Justice Sunder Mohan said on Friday. This position is reiterated by the Supreme Court judgment in the case of Pinakin Mahipatray Rawal Vs State of Gujarat, he added.The court made the observations while dismissing an appeal moved by brother of a deceased woman, who committed suicide along with her one-and-a-half-year-old child, allegedly due to her husband’s illicit relationship and dowry harassment.On April 23, 2018, a Mahila court acquitted the husband from all the charges on the ground that the prosecution had not established the dowry demand and also the illicit relationship of the husband and that there was no evidence to suggest cruelty of such nature which will drive a woman to commit suicide.Since the state failed to prefer an appeal against the acquittal, the deceased woman’s brother who was the defacto complainant moved the high court.

“The reason for acquittal by the trial judge that the illicit relationship had not been established because the lady with whom the husband had an illicit relationship was not examined is perverse. However, the fact that the husband had an illicit relationship by itself would not amount to cruelty in terms of Section 498A of IPC,” the court said.

Hence, on an independent assessment of the evidence, this court finds that the prosecution had not established its case, though the reasons for acquittal by the trial court cannot be accepted, the judge said and dismissed the appeal.