Delhi High Court Says Extramarital Affair or Betting Habit Not Enough for Dowry Death Charge
The Delhi High Court has said that a man cannot be charged under Section 304B of the Indian Penal Code (IPC), which deals with dowry death, simply because he had an extramarital affair or was involved in betting.
This observation was made by Justice Vikas Mahajan while hearing a bail plea filed by a man accused under Sections 304B (dowry death) and 34 (common intention) of the IPC.
Case Background:
The man and his wife got married in 2020. According to the prosecution, the wife later found out that her husband was having an affair and also had a habit of betting. Their relationship became troubled, and the wife filed multiple legal cases, including a divorce petition. She died by suicide in August 2022.
After her death, her father filed a complaint under Section 304B IPC, claiming it was a dowry death. However, the husband argued that they had been living separately since April 2021 and that his wife was receiving treatment for anxiety and depression.
The father also told police that his daughter met her husband the day before her death and that he threatened her. However, the court noted that there was no mention of any dowry demand being made during this meeting.
Court’s View:
The court said that just because the man was in an extramarital relationship or was betting does not prove he caused his wife’s death due to dowry. It further pointed out that the prosecution admitted there was no evidence of any dowry demand after April 2021, when the woman left her marital home.
Since the investigation is complete and the charge sheet has been filed, the court said there was no need to keep the man in jail.
The court granted bail to the accused after he provided a personal bond of ₹25,000 and a surety of the same amount, under specific conditions.
Case Title:
Parul vs NCT of Delhi
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