Extra-marital Relationship Not Criminal Offence: Delhi High Court

In a significant ruling, the Delhi High Court stated that an extra-marital affair cannot be considered a criminal offence. The judgment, delivered by Justice Neena Bansal Krishna, referred to a previous Supreme Court verdict that held such matters to be issues of morality rather than criminality. The case involved a man who accused his wife of having a physical relationship with another man at a hotel, alleging it to be an extra-marital affair.

The complaint was initially dismissed by the magistrate court, which acquitted the wife’s alleged partner. Dissatisfied, the husband approached the Sessions Court, which subsequently issued summons to the man in question. Challenging this decision, the accused moved the Delhi High Court, where the ruling again came in his favour.

Justice Neena Bansal Krishna, while delivering the judgment, referenced the Supreme Court’s past decision that declared Section 497 of the Indian Penal Code—which previously defined adultery as a crime—as unconstitutional. The judge emphasized that extra-marital relationships fall within the realm of personal morality and should not be criminalized.

The court also made a notable observation that the antiquated mindset from the era of the Mahabharata, which viewed a wife as the property of her husband, is no longer relevant. Upholding the principle of individual autonomy and constitutional values, the court dismissed the criminal complaint and granted relief to the accused partner of the wife.