Delhi HC: Extramarital Affair or Betting Habit Not Grounds for Dowry Death Charge
The Delhi High Court has ruled that a husband’s extramarital affair or betting habit cannot be used as a reason to implicate him under Section 304B (dowry death) of the Indian Penal Code (IPC).
Court’s Observation
In an order dated September 5, Justice Vikas Mahajan stated:
“The extramarital affair of the petitioner or his involvement in betting cannot be a ground to implicate him under Section 304B IPC.”
Case Background
The case involved a married couple from 2020. The wife died by suicide in August 2022, after learning about her husband’s affair and gambling addiction, according to the prosecution. As their relationship deteriorated, she filed a divorce petition.
After her death, the woman’s father filed a police complaint under Section 304B (dowry death) and Section 34 (common intention) of the IPC.
Key Court Findings
- The husband argued that he and his wife had been living separately since April 2021 due to marital issues.
- He also stated that his wife was receiving treatment for anxiety and depression.
- The father of the deceased claimed that the husband threatened his daughter a day before her death but did not mention any dowry demand.
- The prosecution admitted that there was no record of dowry demand after she left her marital home.
Bail Granted to Husband
The court granted bail to the husband, stating that since the investigation was complete and the charge sheet had been filed, his custody was no longer necessary.
The bail conditions included:
- A personal bond of Rs 25,000
- One surety bond of the same amount
Conclusion
This ruling highlights the importance of clear evidence in dowry death cases and prevents misuse of Section 304B IPC in cases involving marital discord unrelated to dowry demands.
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