Delhi High Court: Extramarital Affair and Betting Habit Not Grounds for Dowry Death Charges
The Delhi High Court recently ruled that a husband’s extramarital affair or betting habit cannot be used to implicate him under Section 304B of the Indian Penal Code (IPC), which pertains to dowry death.
In a September 5 order, Justice Vikas Mahajan stated, “The extramarital affair or betting habit of the petitioner (husband) cannot be grounds for implicating him under Section 304B IPC.”
This ruling came during a bail plea hearing for a man connected to an FIR 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 discovered her husband’s extramarital affair and betting habit, leading to strained relations. She had filed several cases against him, including a divorce petition. After her death, her father filed a police complaint under Section 304B IPC.
The husband argued that they had been living separately since April 2021 due to marital discord. He also mentioned that his wife was undergoing treatment for anxiety and depression.
The woman’s father alleged that the husband had threatened her a day before her death. However, the court noted that there was no mention of any dowry demands during this alleged meeting. The prosecution also admitted there was no evidence of dowry demands after the woman left her matrimonial home in April 2021.
With the investigation complete and the charge sheet filed, the court granted bail to the husband, stating that his continued custody was unnecessary. He was released on a personal bond of Rs 25,000 and a surety bond of the same amount, subject to certain conditions.
Case: Parul vs NCT of Delhi
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