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New Delhi :
Delhi High Court said on Tuesday that a person’s extramarital affair does not come under the purview of cruelty or suicide until it is proved that it proves that it caused trouble or pain to the wife. Justice Sanjeev Narula said that extramarital affairs are not the basis of implicating the husband for dowry murder, provided there is no relationship between the alleged relationship and the demand for dowry.
The court granted bail to the person, who was arrested in a case under Section 498A (cruelty), 304-B (dowry murder) of the Indian Penal Code (IPC), in addition to Section 306 (abolition of suicide), after unnatural death of his wife in about five years of marriage.
Extramarital affairs do not come under the purview of provocation: High Court
The court said, “The prosecution has presented such a material that the petitioner had an extramarital affair with a woman.” Some videos and chat records have been cited in support of it. ”
Justice Narula said, “Despite assuming that there was a relationship, the law is certain that the extramarital affair, under Section 498A of the IPC, does not come under the purview of cruelty or provocation under Section 306, until it is shown that relationships were formed to harass or pain.”
The judgment said, “Under the extramarital affair Section 304B, there cannot be the basis of implicating the accused. The court has said that harassment or cruelty should be linked with dowry demand or ‘just before death’.
Referring to the person being detained since March 2024, the court said that there will be no benefit from keeping him in jail continuously. The court said that after the investigation was completed, the charge sheet was filed and the case is unlikely to end in the near future.
The court said that there is no danger of tampering with evidence or running away from the scope of its justice. The court directed to release it on a personal bond of Rs 50,000 and on two bails of the same amount.
Woman’s family had made serious allegations
The woman’s family had alleged that the husband had a relationship with her colleague and when she was asked about this, she had assaulted her wife.
The person was also accused of pressurizing domestic violence with his wife and pressurizing his family for paying monthly installment for a car purchased by his wife.
The court said that the woman or her family had not made any such complaint when she was alive, so prima facie the claim of dowry harassment has weakened.
(Apart from the headline, this news has not been edited by the NDTV team, it has been published directly from the syndicate feed.)
(Tagstotranslate) Delhi High Court (T) Extramarital Affair (T) Suicide (T) Dowry Death (T) Extramarital Affair down
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