Delhi High Court: Extramarital affair alone not grounds for dowry death or cruelty charges

The Delhi High Court has ruled that a husband's extramarital affair, by itself, does not amount to cruelty, dowry death, or abetment of suicide unless it is proven that the affair was used to harass or mentally torment the wife. The judgment was delivered by Justice Sanjeev Narula while granting bail to a man arrested under IPC Sections 498A (cruelty), 304B (dowry death), and 306 (abetment of suicide), following the unnatural death of his wife in March 2024.

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The prosecution alleged that the man had an affair with a colleague and abused his wife. However, the court stated that even if an extramarital relationship existed, it cannot be used to implicate the accused under dowry-related charges unless directly linked to harassment or cruelty shortly before the death.

The court also noted that no formal complaints had been made by the woman or her family during her lifetime regarding domestic abuse or dowry pressure. The accused had been in custody since March 2024, but with the investigation complete and chargesheet filed, the court found no risk of evidence tampering or flight and ordered his release on a personal bond of Rs 50,000 with two sureties.