Supreme Court says husband not liable for wife’s suicide over extra-marital affair

The Supreme Court on Monday held that a man cannot be held guilty of subjecting his wife to cruelty if he embarks on an extramarital relationship, unless the intimacy is of a nature that can drive the wife to commit suicide.

“We are of the view that the mere fact that the husband has developed some intimacy with another, during the subsistence of marriage, and failed to discharge his marital obligations, as such would not amount to cruelty,” a bench presided over by Justice K.S. Radhakrishnan said.

“But it (the intimacy with the paramour) must be of such a nature as is likely to drive the spouse to commit suicide to fall within the explanation to Section 498A of the IPC,” it added.

The observation was made while allowing an appeal by a man who had challenged his conviction under Section 498A for subjecting his wife to cruelty and under Section 306 for abetting suicide.

The couple had got married in 1989. After the husband started an affair with a colleague, the wife allegedly developed a feeling of alienation and loss of companionship and committed suicide in March 1996.

“We, on facts, found that the alleged extra-marital relationship was not of such a nature as to drive the wife to commit suicide or that A-1 (husband) had ever intended or acted in such a manner which, under normal circumstances, would drive the wife to commit suicide,” the bench said.

Stating that an alleged extra-marital relationship, if proved, could be illegal and immoral, the Supreme Court said the prosecution in the case had not proved that the husband had provoked, incited or induced the wife to commit suicide.

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