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Delhi Court: ‘Extra Marital Affair Is Immoral But Not A Criminal Act’. Do You Agree?

  • IWB Post
  •  August 24, 2015


A Delhi court has observed last week that an illegal relationship can constitute grounds for seeking divorce but a strictly immoral act would never be considered as being a criminal one.

Additional Sessions Judge Manoj Jain said: “The act of the accused in having illicit relationship may show his disloyalty to his wife. It may be betrayal of faith but would not travel beyond the realm of being an immoral act to the territory of a criminal act inviting punishment under penal statute. It could have certainly given rise to his wife to seek divorce but will not fall within the ambit of section 306 (abetment of suicide) of IPC.”

All this was highlighted during the case of a man accused of his wife’s death. The wife hanged herself soon after she came to know about his extra marital affair.

The court, while absolving the accused, said that the allegation that he had an illicit relationship “was not proved to the hilt”. This is what the court has ruled out:

“The court also observed that even if the “alleged extra- marital relationship, which if proved, could be illegal and immoral, nothing had been brought out by the prosecution to show that the accused had provoked, incited or induced the wife to commit suicide.”

What do you think about this decision?

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