Mumbai: The Bombay High Court on Friday ruled that a woman who allegedly indulged in phone sex with her banker husband’s friends cannot be booked for the abetment of his suicide. The ruling was in favour of the woman because there was no evidence to prove that she had encouraged her husband to commit suicide, Justice Mridula Bhatkar said. Also Read - Kangana Ranaut Becomes Emotional as HC Reprimands BMC For Asking 'More Time' to File Affidavit

The Thane-based banker committed suicide in July 2015 in his house by setting himself on fire. The banker was traumatised after discovering that his wife had allegedly sent ‘vulgar messages’ or had phone sex with one of his friends in Mumbai and another one in Dubai. Citing the trauma of the husband, police levied charges against the woman. Also Read - Rhea Chakraborty Claims in Her Bail Plea 'Sushant Singh Rajput Took Advantage of Those Closest to Him To Sustain Drug Habit'

The woman did not refute the allegations against her. However, she was backed by a lawyer who argued that since she had committed the act in secrecy, she cannot be blamed for abetting the man to commit suicide. The court ruled that “If at all the accused would have indulged in phone sex deliberately, disclosing this repeatedly (to her husband) despite his warning to desist, it would have been considered planned harassment. Such repeated, deliberate sexual SMSes would have manifested the intention to drive the victim to suicide. The guilty mind is to be necessarily linked with infidelity, but not abetment to commit suicide.” Moreover, mere phone messages, which does require physical contact, could not tantamount to indulging in infidelity under the Indian Penal Court, added the court. Also Read - Kangana Ranaut-BMC Demolition: HC Orders Sanjay Raut to Become a Party in Case

The judge said, “When the Indian Penal Code or Hindu Marriage Act was enacted, such kind of sexual intercourse by SMS was never imagined by the lawmakers.” The judge added that the victim must have been deeply hurt to commit the unfortunate action of suicide.

The couple who had tied the knot in 2002, also has a 13-year- old son. However, the marriage did not turn out to be a happy one, stated the police.