Because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife can not be convicted U/s 498-a and 306

The court also observed that there is no whisper with regard to any kind of ill-treatment or cruel behavior by the husband other than the allegations of extra-marital relationship and said:

Extra-marital relationship, per se, or as such would not come within the ambit of Section 498-A IPC. It would be an illegal or immoral act, but other ingredients are to be brought home so that it would constitute a criminal offence. There is no denial of the fact that the cruelty need not be physical but a mental torture or abnormal behaviour that amounts to cruelty or harassment in a given case. It will depend upon the facts of the said case. To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as mental cruelty which would attract mental cruelty for satisfying the ingredients of Section 306 IPC.”

K.V.Prakash Babu Vs State of Karnataka