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Penal Code, 1860 - ss. 498A and 306 - Married womancommitting suicide within 7 years of marriage, allegedly dueto extra-marital relationship between her husband (A-1) andhusband's colleague (A-2) - Suicide note left by the deceased- Conviction of A-1 ulss. 498A and 306 - Justification - Held:On facts, not justified - A-1 did not ill-treat the deceased, eitherphysically or mentally demanding dowry, who was living withA-1, in the matrimonial home till the date, she committedsuicide - The alleged extra-marital relationship was not ofsuch a nature as to drive the wife to commit suicide - A-1never intended or acted in such a manner which under normalcircumstances, would drive the wife to commit suicide - Theprosecution did not discharge the burden that A-1 hadinstigated, conspired or intentionally aided so as to drive thewife to commit suicide or that the alleged extra marital affair _was of such a degree which was likely to drive the wife tocommit suicide - At best the relationship of A-1 and A-2 wasa one-sided love affair, A-1 might have developed some likingtowards A-2, all the same, the facts disclose that A-1 haddischarged his marital obligations towards the deceased -The suicide note completely exonerates A-1, which states thathe was not responsible for death of the deceased - Further,no evidence forthcoming to show that A-2 ever evinced anyinterest to marry A-1 - On the other hand, during subsistenceof the alleged relationship, A-2 herself got married - Therelationship A-1 had with A-2 was not of such a nature which under normal. circumstances would drive one to commitsuicide or that A-1 by his conduct or otherwise ever abettedor intended to abet his wife to commit suicide - Evidence Act,1872 - s.113A.Family Law - Matrimonial Law - Extra Marital relationship- Meaning of - Held: Extra-marital relationship as such is notdefined in the IPC.Family Law - Matrimonial Law - Alienation of affection bystranger - Anglo-Saxon common law on alienation of affection- Applicability - Held: It does not have much roots in India,the Jaw being still in its nascent stage.Family Law - Matrimonial Law - Alienation of affection bystranger - Liability - When arises - Held: A person is not liablefor alienation of affection for merely becoming /a passiveobject of affection - The liability arises only if there is anyactive participation, initiation or encouragement on the partof the defendant - Acts which lead to loss of affection mustbe wrongful, intentional, calculated to entice the affection ofone spouse away from the other, in order to support a causeof action for alienation of affection - For proving a claim foralienation of affection, it is not necessary for a party to provean adulterous relationship - On facts, A-2 did not intrude intothe family life of A-1 and his deceased wife, and the Courton evidence acquitted A-2 of all the charges levelled againsther - Consequently, it cannot be said that A-2 had in any waycontributed or abetted the deceased in committing the act ofsuicide, or had attempted to alienate the affection of A-1towards his deceased wife.The wife of A-1 committed suicide within seven yearsof marriage, allegedly due to extra-marital relationshipbetween A-1 and his colleague, A-2. The prosecutioncase was that extra-marital relationship between A-1 andA-2 was of such a degree to disturb the mental balanceof the deceased, which amounted to cruelty within the Explanation to Section 498A IPC. It was submitted thatthe suicide note left by the deceased indicated that A-1and A-2 were in love and that A-1 wanted to marry A-2 andit was for their happiness that the deceased committedsuicide. It was alleged that due to the extra maritalrelationship, the wife of A-1 developed a feeling ofalienation, loss of companionship, etc., which ultimatelydrove her to commit suicide by leaping out of the terraceof a flat.The trial court convicted A-1 under Sections 498A IPCand 306 IPC. A-2 and A-3, the mother of A-1 were,however, acquitted of the various offences allegedagainst them. The trial Court also acquitted A-1 of theoffence charged against him under Section 304-B IPC.On appeal by A-1, the High Court confirmed the conviction of A-1 under Sections 498A IPC and 306 IPC.In the instant appeal preferred by A-1, the questionwhich arose for consideration was whether therelationship between A-1 and A-2 was extra-marital leading to cruelty within the meaning of Section 498A IPCand also amounted to abetment leading to the act ofsuicide by the wife of A-1 within the meaning of Section306 IPC. The question was required to be examined inlight of the fact that A-2 was already found not guilty of the charges levelled against her under Sections 498A, 306and 304-B read with Section 114 IPC. |
