Madras High Court: Extramarital Affair Can Lead to Husband’s Imprisonment Under Section 498A IPC
The Madras High Court has ruled that if a husband’s extramarital affair causes serious domestic discord, he can be convicted under Section 498A of the Indian Penal Code (IPC) for causing mental cruelty to his wife and sentenced to imprisonment.
This significant decision was made by Justice D. Bharatha Chakravarthy while upholding Nakkeeran alias Jeroan Pandi’s conviction by a trial court in Tiruvannamalai district from November 2011. However, the judge reduced Nakkeeran’s sentence from two years to six months of rigorous imprisonment.
The Court stated, “Considering all the factors cumulatively, I hold that the action of the petitioner/accused in having an extramarital relationship, which has further caused grave mental trauma and affected the mental health of PW.1 (wife), leading to serious circumstances, in conjunction with the act of PW.1 being forced to leave the matrimonial home, would amount to cruelty to her within Section 498A of IPC.”
The Court took into account the severe mental trauma and impact on the wife’s mental health caused by the husband’s extramarital relationship, leading to her being forced to leave the matrimonial home. The Court concluded that these actions constitute cruelty under Section 498A of the IPC.
This ruling emphasizes the legal consequences of extramarital affairs in India and underscores the protection provided to spouses under the IPC.
