An illicit relationship can become a ground for seeking divorce 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 court made this observation while acquitting a man of the charge of abetting the suicide of his wife, who allegedly hanged herself due to his extra-marital affair.
The act of the accused in having illicit relationship may show his disloyalty to his wife. It may be betrayal of faith but will not fall within the ambit of section 306 (abetment of suicide) of IPC.
—Additional Sessions Judge Manoj Jain.
The court, while absolving the accused, also said that the allegation that he had an illicit relationship “was not proved to the hilt”.
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