Discovery Of Post-Marital Infidelity Can Have Profound Impact On Woman's Mental And Emotional Well-Being: Delhi HC Denies Husband's Bail Plea
The Delhi High Court rejected a bail application in a plea seeking bail in FIR registered for offenses under IPC Sections 498A/306 (related to cruelty towards a married woman and abetment of suicide) finding specific allegations against the applicant, including his extramarital affair and mental and physical torture against the deceased wife.
A Bench of Justice Swarana Kanta Sharma 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 case involved the marriage between the deceased Panina and the accused applicant. Panina committed suicide just 13 days after their marriage, leading to the registration of FIR by her father. The FIR alleged that the applicant had an extramarital affair and was responsible for Panina's death.
Advocate Amit Khanna appeared for the Petitioner and Advocate Manoj Pant appeared for the Respondent.
The applicant's counsel asserted his innocence, claiming a good relationship between the couple after marriage. They argued that there was no suicide note or dowry demand. The State's counsel argued that the allegations were serious, emphasizing Panina's mental anguish due to applicant’s extramarital affair, supported by witness testimonies.
The Court considered both arguments, reviewed the evidence, and found specific allegations against the applicant, including his extramarital affair and the mental and physical torture of Panina. Panina's mother's statement under Section 164 Cr.P.C. also supported these allegations.
The Court acknowledged the profound impact of discovering infidelity shortly after marriage and the emotional trauma it can cause. In this case, it was alleged that Panina's suicide resulted from her husband's actions. The absence of dowry demand was noted.
“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.”
Considering the facts and circumstances, the Court found no grounds for granting bail at this stage. The bail application was dismissed.
Cause Title: Sagar v. The State (Govt. Of NCT), 2023:DHC:5965
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