Delhi HC: Extramarital Affair or Betting Habit Not Grounds for Dowry Death Charge
The Delhi High Court recently ruled that a husband’s extramarital affair or betting habits cannot be used as grounds to charge him under Section 304B of the Indian Penal Code (IPC), which pertains to dowry death.
In a September 5th order, Justice Vikas Mahajan stated, “Insofar as the extramarital affair of the petitioner (husband) or the petitioner being into betting is concerned, that cannot be a ground for implicating the petitioner under Section 304B IPC.”
This observation was made during the bail plea of a man connected to an FIR filed under sections 304B (dowry death) and 34 (common intention) of the IPC.
The case involved a couple married in 2020. The wife, who died by suicide in August last year, had learned that her husband was involved in an extramarital affair and betting, according to the prosecution. Their strained relationship led to multiple cases filed by the wife, including a divorce petition. Following her death, her father lodged a police complaint under Section 304B of the IPC.
The husband argued that due to matrimonial discord, they had been living separately since April 2021. He also stated that his wife had been undergoing treatment for anxiety and depression.
The woman’s father claimed in his statement to the police that the man threatened his daughter a day before her death. However, the court noted that the father did not allege any dowry demand made by the husband when he supposedly met the woman before her suicide.
Upon inquiry, the prosecution conceded that there was “nothing on record to show” that the man made any dowry demands after the deceased left her matrimonial home in April 2021.
“The investigation is complete and the charge sheet has been filed. The custody of the petitioner is no more required. Therefore, no useful purpose will be served in keeping the petitioner behind bars,” the high court said. Consequently, the court granted bail to the man after he furnished a personal bond of Rs 25,000 and one surety bond of the same amount, subject to certain conditions.
Case: Parul vs NCT of Delhi
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