”Discovering Infidelity Shortly After Marriage Can Have Profound Effects”: Delhi High Court Denies Bail in Suicide Case Linked to Extra-Marital Affair

 In a significant ruling, the Delhi High Court has denied bail to a man accused of having an extra-marital affair, leading to his wife’s suicide just 13 days after their marriage. The judgment was delivered by Hon’ble Ms. Justice Swarana Kanta Sharma on 11^th August 2023.

The Court observed that ”discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well-being of the victim.” The sense of shock and betrayal can be overwhelming, leading to extreme steps like suicide.

The applicant, Sagar, sought regular bail in FIR bearing no. 475/2022, registered at Police Station Ranjit Nagar, for offences under Sections 498A/306 of the Indian Penal Code, 1860. The deceased’s father alleged that the applicant had an extra-marital affair and had killed his daughter.

The Court noted specific allegations against the accused of having an extra-marital affair and subjecting the deceased to mental and physical torture. The statement of the deceased’s mother under Section 164 Cr.P.C. also revealed that the applicant had beaten the deceased when she objected to his extra-marital affair.

In denying bail, the Court stated, “In the present case, it is observed that discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well-being of the victim.” The Court further emphasized that the emotional trauma of discovering infidelity and subsequent ill behavior of a spouse can drive a woman to take extreme steps to the extent of committing suicide.

The Court dismissed the bail application, considering the overall facts and circumstances of the case, with a clarification that nothing expressed shall tantamount to an expression of opinion on the merits of the case.

The judgment has brought attention to the serious consequences of extra-marital relationships and the legal implications they may carry, especially when linked to tragic outcomes such as suicide.

 Date of Decision: 11.08.2023

 SAGAR vs THE STATE (GOVT. OF NCT)