Discovering Husband’s Infidelity Shortly After Marriage Can Have Devastating Effects On Mental Well Being Of Woman: Delhi High Court

Observing that discovering husband’s infidelity shortly after marriage can have devastating effects on the mental and emotional well-being of a woman, the Delhi High Court has denied bail to a husband accused of abetting suicide of his wife who was found dead within 13 days after marriage.

Justice Swarana Kanta Sharma observed that the emotional trauma of discovering infidelity and subsequent ill behavior of a spouse can drive a woman to take extreme steps to the extent of committing suicide.

“In the present case, it is observed that discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well-being of the victim. The sense of shock can be overwhelming, as a woman may have entered the marriage with trust and hope, which in the present case was prima-facie shattered by the revelation of her husband‟s alleged extra marital affair,” the court said.

Justice Sharma dismissed the husband’s plea seeking bail in an FIR registered by the deceased’s father under Section 498A (cruelty) and 306 (abetment to suicide) of the Indian Penal Code.

The couple got married on May 18 last year. The deceased committed suicide in the intervening night of 30-31 May, 2022, by hanging herself with the ceiling fan using a dupatta.

The deceased’s father alleged that the husband had an extra marital affair with some other female and had killed his daughter.

Denying bail to the husband, Justice Sharma noted that there were specific allegations against the accused that he was having extra martial affair with some other female and that the deceased was undergoing tremendous stress and trauma on daily basis.

It also noted that the fact that the extra marital relationship of the husband was disclosed to the deceased wife on the first day after her marriage.

“In the present case, it is the case of the prosecution that the suicide was committed by the deceased due to the acts of her husband. As regards the contention raised by the learned counsel for the applicant that there is no allegation for demand of dowry, it is to be noted that since the FIR in this case was registered under Section 306 and not under 304B, there is no significance of demand of dowry,” the court said.

Case Title: SAGAR v. THE STATE (GOVT. OF NCT)

Citation: 2023 LiveLaw (Del) 720

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