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Husband Jailed Under Section 498A IPC for Extramarital Affair: Madras HC

The Madras High Court has ruled that a husband can be convicted under Section 498A of the Indian Penal Code (IPC) if his extramarital affair causes significant domestic discord and mental cruelty to his wife. The judgment underscores that such actions can lead to imprisonment, highlighting the legal implications of extramarital relationships within the context of marriage.

Case Overview

Justice D. Bharatha Chakravarthy delivered the ruling while upholding the conviction of Nakkeeran, also known as Jeroan Pandi, by a trial court in Tamil Nadu’s Tiruvannamalai district in November 2011. The conviction stemmed from his extramarital relationship, which led to severe mental trauma for his wife.

While confirming the guilty verdict, the Court reduced Nakkeeran’s sentence from two years to six months of rigorous imprisonment, citing various mitigating factors.

Court’s Observations

The High Court remarked that the husband’s extramarital affair caused:

  1. Grave mental trauma to the wife (PW1).
  2. Damage to her mental health, forcing her to leave the matrimonial home.

Justice Chakravarthy stated, “The cumulative effect of the husband’s extramarital relationship, which caused severe mental suffering to the wife, amounts to cruelty under Section 498A IPC.”

Legal Implications

Section 498A of IPC criminalizes acts of cruelty by a husband or his relatives that cause harm—mental or physical—to the wife. The Court emphasized that an extramarital affair, when it leads to substantial mental trauma and a breakdown in the marriage, qualifies as mental cruelty under the law.

Judgment Highlights

  • The husband’s actions of pursuing an extramarital relationship were deemed a violation of his marital duties.
  • The wife was forced to endure psychological suffering severe enough to warrant criminal consequences.

The decision reflects the judiciary’s recognition of the emotional harm caused by infidelity in marriage and its impact on mental health.

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