The Delhi High Court has recently observed that a husband’s extramarital affair or betting habits cannot be grounds to implicate him under Section 304B of the Indian Penal Code (IPC) which pertains to dowry death.

A single-judge bench of Justice Vikas Mahajan in its September 5 order observed, “Insofar as the extra marital affair of the petitioner (husband/man), or the petitioner being into betting, is concerned, that cannot be a ground for implicating the petitioner under Section 304B IPC.”

The observation came in a man’s bail plea in connection to an FIR registered under sections 304B (dowry death) and 34 (common intention) of the Indian Penal Code (IPC).

The case involved a couple who got married in 2020. Subsequently, the wife, who died by suicide in August last year, learnt that her husband was having an extra-marital affair and was into betting, the prosecution said. As their relationship became strained, she filed various cases against him, including a divorce petition. After her death, her father filed a police complaint under Section 304B of the IPC.

The man argued that due to matrimonial discord, they had started living separately from April 2021. He further submitted that the woman had been taking treatment for anxiety and depression.

In his statement to the police, the woman’s father alleged that the man had met his daughter a day before her death and threatened her. The court, however, noted that the father did not allege that any demand of dowry was made by the man when he allegedly met the woman the day before her suicide.

On the court’s query, the prosecution also fairly conceded that there is “nothing on record to show” that the dowry demand was made by the man after the deceased left her matrimonial home in April 2021.

“The investigation is complete and (the) charge sheet has been filed, the custody of the petitioner is no more required. Therefore, no useful purpose will be served in keeping the petitioner behind the bar,” the high court said, granting bail to the man after he furnished a personal bond of Rs 25,000 and one surety bond of the same amount, subject to certain conditions.

Case: Parul versus NCT Of Delhi