Karnataka HC: No Physical Relationship After Marriage Not Cruelty Under IPC 498A
The Karnataka High Court has clarified that if a couple does not have a physical relationship after marriage, it cannot be considered cruelty under Section 498A of the Indian Penal Code (IPC). However, such a situation can be treated as cruelty under Section 12(1)(a) of the Hindu Marriage Act because it means the marriage was not consummated.
This judgment came from a case where a couple married in December 2019 but lived together for only 28 days. In February 2020, the wife filed a complaint, mainly against her husband, who follows the Brahmakumari way of life.
According to the wife, her husband regularly watched videos of Brahmakumari Sister Shivani and told her he did not believe in physical relationships. He said true love should be spiritual, not physical. The wife also alleged that her in-laws demanded dowry at the time of marriage and influenced their son.
Earlier, the family court granted the wife an annulment of the marriage based on non-consummation. The husband and his parents later challenged the criminal charges under IPC Section 498A and Section 4 of the Dowry Prohibition Act in the High Court.
The High Court noted that the husband’s parents did not live with the couple and there was no specific incident in the 28 days of cohabitation that would justify charges under Section 498A. Justice M Nagaprasanna observed that the only issue raised was the husband’s refusal to engage in a physical relationship.
He said, “This clearly amounts to cruelty under Section 12(1)(a) of the Hindu Marriage Act due to non-consummation but not under IPC 498A. The divorce was granted on this basis, so the criminal case cannot continue on the same grounds.”
He further explained that cruelty under IPC 498A involves behavior that could drive a woman to harm herself or be a danger to her life, or harassment for dowry. In this case, the complaint did not include any such claims.
Case Title: ABC & Others vs. State of Karnataka & Another
Case Number: Criminal Petition No. 7067 of 2021
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