14. Slightly recently in GhusabhaiRaisangbhai Chorasiya v. State of
Gujarat [GhusabhaiRaisangbhai Chorasiya v. State of Gujarat, (2015)
11 SCC 753 : (2015) 4 SCC (Cri) 545] , the Court perusing the material
on record opined that even if the illicit relationship is proven, unless
some other acceptable evidence is brought on record to establish such
high degree of mental cruelty the Explanation (a) to Section 498-A IPC
which includes cruelty to drive the woman to commit suicide, would not
be attracted. The relevant passage from the said authority is
reproduced below: (SCC pp. 759-60, para 21)
“21. …True it is, there is some evidence about the illicit relationship
and even if the same is proven, we are of the considered opinion that
cruelty, as envisaged under the first limb of Section 498-A IPC would
not get attracted. It would be difficult to hold that the mental cruelty
was of such a degree that it would drive the wife to commit suicide.
Mere extra-marital relationship, even if proved, would be illegal and
immoral, as has been said in Pinakin Mahipatray Rawal [Pinakin
Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 : (2013) 4
SCC (Civ) 616 : (2013) 3 SCC (Cri) 801] , but it would take a different
character if the prosecution brings some evidence on record to show
that the accused had conducted in such a manner to drive the wife
to commit suicide. In the instant case, the accused may have been
involved in an illicit relationship with Appellant 4, but in the absence
of some other acceptable evidence on record that can establish such
high degree of mental cruelty, the Explanation to Section 498-A IPC
which includes cruelty to drive a woman to commit suicide, would
not be attracted.”
