Husband's extramarital affair not cruelty, abetment of suicide: Delhi HC
New Delhi, May 13 (PTI): The Delhi High Court on Tuesday said a man's extramarital affair does not amount to cruelty or abetment of suicide unless shown it harassed or tormented the wife.
Justice Sanjeev Narula said an extramarital relationship was not a ground to implicate the husband for dowry death in the absence of a nexus between the alleged relationship and dowry demand.
The court, as a result, granted bail to a man, who was arrested in a case under Sections 498A (cruelty)/304-B (dowry death) aside from Section 306 (abetment of suicide) of IPC, following the unnatural death of his wife in her matrimonial home on March 18, 2024, within nearly five years of marriage.
"The prosecution relies on materials to suggest that the applicant was involved in an extramarital relationship with a woman. Certain videos and chat records have been cited in support. However, even assuming such a relationship existed, the law is settled that an extramarital affair, per se, does not amount to not, cruelty under Section 498A IPC or abetment under Section 306 IPC, unless it is shown that the relationship was pursued in a manner calculated to harass or torment the deceased," the court held.
The verdict went on, "An extramarital relationship cannot be a ground to implicate the accused under Section 304B IPC. The Court held that harassment or cruelty should be linked to dowry demands or sustained mental cruelty that occurred 'soon before the death'."
The man had been in custody since March 2024, and the court noted his continued incarceration would serve no purpose. The court further observed a chargesheet was filed after conclusion of investigation and the trial was not likely to conclude in near future.
There was no risk of tampering with evidence or fleeing from justice and it was well-established that the object of granting bail was neither punitive nor preventative, it added.
The court directed his release on a personal bond of Rs 50,000 with two sureties of the like amount.
The woman's family alleged the husband had an affair with his colleague and when confronted, he physically abused her.
The man was further accused of regularly subjecting his wife to domestic violence and pressurising her to secure EMI payments from her family for a car he had purchased.
The court observed no such complaint was made by the woman or her family when she alive and therefore prima facie diluting the immediacy and plausibility of the dowry-related harassment claim.
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Strict security measures in place in Mumbai for Messi's events at 2 venues Dec 14, say police
Mumbai (PTI): In view of Argentine superstar footballer Lionel Messi's visit to Mumbai on Sunday, the city police are implementing stringent security measures, like not allowing water bottles, metals, coins inside the stadiums and setting up watchtowers to keep an eye on the crowd, officials said.
The police also said taking extra care to avoid any stampede-like situation and to prevent recurrence of the chaotic situation that unfolded in Kolkata during Messi's visit on Saturday as thousands of fans protested inside the Salt Lake stadium here after failing to catch a clear glimpse of the football icon despite paying hefty sums for tickets.
Messi is expected to be present at the Cricket Club of India (Brabourne Stadium) in Mumbai on Sunday for a Padel GOAT Cup event followed by attending a celebrity football match. He is expected to proceed to the Wankhede Stadium for the GOAT India Tour main event around 5 pm.
"In view of Lionel Messi's visit to Mumbai, the police are geared up and have put in place a high level of security arrangements in and around the stadiums located in south Mumbai. Considering the chaos that prevailed in Kolkata and the security breach, we have deployed World Cup-level security arrangements at Brabourne and Wankhede stadiums," an official said.
Expecting heavy crowd near the stadiums during Messi's visit, the city police force has deployed more than 2,000 of its personnel near and around both the venues, he said.
As the Mumbai police have the experience of security 'bandobast' during the victory parade of ICC World Cup-winning Indian team and World Cup final match at the Wankhede Stadium, in which over one lakh cricket fans had gathered, we are prepared to handle a large crowd of fans, he said.
"We are trying to avoid the errors that occurred in the past," the official said.
There is no place to sneak inside the stadiums in Mumbai like the Kolkata stadium, according to him.
The police are also asking the organisers to provide all the required facilities to the fans inside the stadium, so that there will be no chaos, he said, adding the spectators have purchased tickets in the range of Rs 5,000 to 25,000. After paying so much of amount, any spectator expects proper services, while enjoying the event, he said.
The police are expecting 33,000 spectators at the Wankhede Stadium and over 4,000 at Brabourne Stadium. Besides this, more than 30,000 people are expected outside and around the stadiums just to have a glimpse of the football sensation, he said.
The organisers responsible for Messi's India visit recently came to Mumbai to discuss security arrangements. During the meeting, the Mumbai police asked them not to take the event lightly, according to the official.
After those requirements were fulfilled, the final security deployment was chalked out, he said.
Police has the standard procedure of the security arrangements inside the Wankhede Stadium, where people are barred from taking water bottles, metals objects, coins. Police are setting up watch towers near the stadiums and there will be traffic diversions, so that there is maximum space available to stand, according to the official.
Police are also appealing to the spectators to use public transport service for commuting and avoid personal vehicles to reach south Mumbai.
To avoid any stampede-like situation, police are also taking precautionary measures and will stop the fans some distance ahead of the stadium and public announcement systems will be used to guide the crowd. Barricades will be placed at various places to manage the crowd.
In case the crowd swells up beyond expectation, the police will divert people to other grounds and preparations in this regard underway, he said.
Additional police force has been deployed in south Mumbai to tackle any kind of situation, he said.
