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Illicit relationship an immoral act, says court

An illicit relationship can become a ground for seeking <g data-gr-id="20">divorce</g> but it would not travel beyond the realm of being an immoral act to the territory of a criminal act, a Delhi court has observed.

The observation of the court came while acquitting a man of the charge of abetting suicide of his wife, who allegedly hanged herself due to his extra-marital affair.

“The act of the accused in having <g data-gr-id="19">illicit</g> relationship may show his disloyalty to his wife. It may be <g data-gr-id="17">betrayal</g> of faith but would not travel beyond the realm of being an immoral act to the territory of a criminal act inviting punishment under <g data-gr-id="18">penal</g> statute.

“It could have certainly given rise to his wife to seek divorce but will not fall within the ambit of section 306 (abetment of suicide) of IPC,” Additional Sessions Judge Manoj Jain said. The court, while absolving the accused, also said that the allegation that he had an illicit relationship “was not proved to the hilt”.

“In the case in hand, though factum of extra-marital does not stand proved to the hilt yet even if the same is assumed, such conduct, in itself, will not take the case of prosecution anywhere near the ‘abetment’,” it said while granting benefit of doubt to the accused.
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