PINAKIN MAHIPATRAY RAWAL versus STATE OF GUJARAT

Citation: [2013] 10 S.C.R. 306 · Decided: 09-09-2013 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2013] 10 S.C.R. 306 
PINAKIN MAHIPATRAY RAWAL 
v. 
STATE OF GUJARAT 
(Criminal Appeal No. 811 of 2004) 
SEPTEMBER 9, 2013 
[K.S. RADHAKRISHNAN AND 
PINAKI CHANDRA GHOSE, JJ.] 
Penal Code, 1860 - ss. 498A and 306 - Married woman 
C committing suicide within 7 years of marriage, allegedly due 
to extra-marital relationship between her husband (A-1) and 
husband's colleague (A-2) - Suicide note left by the deceased 
- Conviction of A-1 ulss. 498A and 306 - Justification - Held: 
On facts, not justified - A-1 did not ill-treat the deceased, either 
o physically or mentally demanding dowry, who was living with 
A-1, in the matrimonial home till the date, she committed 
suicide - The alleged extra-marital relationship was not of 
such a nature as to drive the wife to commit suicide - A-1 
never intended or acted in such a manner which under normal 
E circumstances, would drive the wife to commit suicide - The 
prosecution did not discharge the burden that A-1 had 
instigated, conspired or intentionally aided so as to drive the 
wife to commit suicide or that the alleged extra marital affair _ 
was of such a degree which was likely to drive the wife to 
F commit suicide - At best the relationship of A-1 and A-2 was 
a one-sided love affair, A-1 might have developed some liking 
towards A-2, all the same, the facts disclose that A-1 had 
discharged his marital obligations towards the deceased -
The suicide note completely exonerates A-1, which states that 
he was not responsible for death of the deceased - Further, 
G no evidence forthcoming to show that A-2 ever evinced any 
interest to marry A-1 - On the other hand, during subsistence 
of the alleged relationship, A-2 herself got married - The 
relationship A-1 had with A-2 was not of such a nature which 
H 
306 
PINAKIN MAHIPATRAY RAWAL v. STATE OF 
307 
GUJARAT 
under normal. circumstances would drive one to commit A 
suicide or that A-1 by his conduct or otherwise ever abetted 
or intended to abet his wife to commit suicide - Evidence Act, 
1872 - s.113A. 
Family Law - Matrimonial Law - Extra Marital relationship 
- Meaning of - Held: Extra-marital relationship as such is not 8 
defined in the /PC. 
Family Law - Matrimonial Law - Alienation of affection by 
stranger - Anglo-Saxon common law on alienation of affection 
- Applicability - Held: It does not have much roots in India, 
C 
the Jaw being still in its nascent stage. 
Family Law - Matrimonial Law - Alienation of affection by 
stranger - Liability - When arises - Held: A person is not liable 
for alienation of affection for merely becoming /a passive 
0 
object of affection - The liability arises only if there is any 
active participation, initiation or encouragement on the part 
of the defendant - Acts which lead to loss of affection must 
be wrongful, intentional, calculated to entice the affection of 
one spouse away from the other, in order to support a cause 
of action for alienation of affection - For proving a claim for 
E 
alienation of affection, it is not necessary for a party to prove 
an adulterous relationship - On facts, A-2 did not intrude into 
the family life of A-1 and his deceased wife, and the Court 
on evidence acquitted A-2 of all the charges levelled against 
her - Consequently, it cannot be said that A-2 had in any way 
contributed or abetted the deceased in committing the act of 
suicide, or had attempted to alienate the affection of A-1 
towards his deceased wife. 
F 
The wife of A-1 committed suicide within seven years 
G 
of marriage, allegedly due to extra-marital relationship 
between A-1 and his colleague, A-2. The prosecution 
case was that extra-marital relationship between A-1 and 
A-2 was of such a degree to disturb the mental balance 
of the deceased, which amounted to cruelty within the 
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308 
SUPREME COURT REPORTS 
[2013] 10 S.C.R. 
I A Explanation to Section 498A IPC. It was submitted that 
the suicide note left by the deceased indicated that A-1 
and A-2 were in love and that A-1 wanted to marry A-2 and 
it was for their happiness that the deceased committed 
suicide. It was alleged that due to the extra marital 
B relationship, the wife of A-1 developed a feeling of 
alienation, loss of companionship, etc., which ultimately 
drove her to commit suicide by leaping out of the terrace 
of a flat. 
The trial court convicted A-1 under Sections 498A IPC 
C and 306 IPC. A-2 and A-3, the mother of A-1 were, 
however, acquitted of the various offences alleged 
against them.

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