Husband’s illicit relation with sister-in-law constitutes cruelty under IPC Section 498A? - Bombay HC answers

13 Apr 2024

By : Ridhi Khurana

Categories : Latest News

The Bombay High Court recently set aside the conviction under Section 498A read with 34 of the Indian Penal Code, 1860 (IPC) which was particularly based upon allegations of the husband having illicit relationship with his sister-in-law.

The Bench of Justice Abhay S. Waghwase expressed that “there is no convincing and legally acceptable evidence to accept the prosecution case as regards the charge under Section 498-A is concerned. The essential ingredients to attract the charge are patently missing.”

Brief Facts

The deceased’s husband, mother-in-law and sister-in-law were tried for offences punishable under Sections 302 and 498A read with Section 34 of IPC. The sister-in-law was acquitted of all charges, while the husband and mother-in-law of the deceased were convicted under Section 498A of IPC.

Contentions of the Appellants

It was alleged that the deceased had noticed an illicit relationship developed by her husband with his younger brother’s wife and reported it to her family. It was submitted that accused persons feared that the deceased would broadcast such illicit relations and strangulated her.

Ingredients of Section 498A IPC

To consider whether cruelty was meted out to the deceased, the Bombay High Court perused the ingredients of Section 498A of IPC. The Court noted that the complainant brother of the deceased did not approach the police at the spot even after seeing the dead body of his sister or even the next day, hinting towards delay in lodging FIR. The High Court further highlighted that the FIR did not mention ill-treatment of the deceased nor any death threats were reported.

Is the husband's illicit relationship with sister-in-law cruelty under IPC 498A?

The Court relied on Pinakin Mahipatray Rawal Vs. State of Gujarat, 2013 Latest Caselaw 622 SC for similar facts as those in the instant case, wherein it was held that “mere fact that husband has developed some intimacy with another woman, during subsistence of marriage and failed to discharge his marital obligations, as such would not amount to “cruelty”, but it must be of such nature as is likely to drive the spouse to commit suicide to fall within the explanation to Section 498-A IPC”. The High Court further cited Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State of Gujarat, 2015 Latest Caselaw 124 SC wherein the Apex Court held that “even if illicit relationship is proven, unless some other acceptable evidence is brought on record to establish such high degree of mental cruelty the explanation (a) to Section 498-A of the IPC which includes cruelty to drive the woman to commit suicide, would not be attracted.”

Observations of the Court

The Court opined that the appellants’ guilt could not sustain and expressed that “there is no convincing and legally acceptable evidence to accept the prosecution case as regards the charge under Section 498-A is concerned. The essential ingredients to attract the charge are patently missing.”

Decision of the Court

The Court allowed the instant appeal and set aside the conviction of appellants as decided by the Trial Court. The Court acquitted the appellants for offence punishable under Section 498A r/w 34 of IPC.

Cases referred for ingredients of ‘cruelty’