According to the Madras High Court, if a husband’s extramarital relationship causes serious domestic discord between the married couple, he can be convicted of causing mental cruelty to his wife under Section 498A of the Indian Penal Code (IPC) and sentenced to imprisonment.

This ruling was passed by Justice D.Bharatha Chakravarthy while confirming Nakkeeran, alias Jeroan Pandi’s conviction by a trial court in Tiruvannamalai district in November 2011. However, the judge reduced the sentence from two years to six months of rigorous imprisonment.

The Court said, “Considering all the factors cumulatively, I hold that the action of the petitioner/accused in having extramarital relationship, which has further caused grave mental trauma and affected the mental health of PW.1 (wife), leading to serious circumstances, in conjunction with the act of PW.1 being forced to leave the matrimonial home, would amount to cruelty to her within Section 498(A) of IPC.

Taking all of the factors into account, the Court concluded that the accused’s action in having an extramarital relationship, which has caused grave mental trauma and has affected PW1’s mental health, would undoubtedly amount to cruelty to her under Section 498A of the IPC.