Madras High Court: Husband Can Be Jailed Under Section 498A IPC for Extramarital Affair
The Madras High Court has ruled that if a husband’s extramarital relationship causes significant 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.
Justice D. Bharatha Chakravarthy delivered this ruling while confirming the conviction of Nakkeeran, also known as Jeroan Pandi, by a trial court in Tiruvannamalai district in 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 498(A) of IPC.”
The judgment emphasized that Nakkeeran’s extramarital relationship inflicted severe mental trauma on his wife, which significantly impacted her mental health. This, coupled with her being forced to leave the matrimonial home, constituted cruelty under Section 498A of the IPC.
This ruling underscores the legal implications of extramarital affairs and the severe impact they can have on marital relationships, highlighting the protection provided to spouses under the Indian legal system.
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