Husband can be jailed for affair, rules HC
The Hindu
Sentences a man to six months jail for subjecting his wife to mental cruelty
If an extramarital relationship of a man causes serious domestic discord between the married couple, then he can be convicted for causing mental cruelty to his wife under Section 498A of the Indian Penal Code (IPC) and sentenced to imprisonment, the Madras High Court has said.
Justice D. Bharatha Chakravarthy gave this ruling while confirming the conviction of Nakkeeran, alias Jeroan Pandi by a trial court in Tiruvannamalai district in November 2011. The judge, however, reduced the quantum of jail term from two years to six months of rigorous imprisonment.
Though it was argued on behalf of the convict that the Supreme Court in K.V. Prakash Babu versus State of Karnataka (2016), had held that extramarital relationship per se would not amount to subjecting wife to mental cruelty, the judge said the verdict must be read in its entirety.