The Karnataka High Court has ruled that not having a physical relationship after marriage is not considered cruelty under IPC Section 498A but can be grounds for divorce under Section 12(1)(a) of the Hindu Marriage Act due to non-consummation of the marriage.
A couple married in December 2019 and lived together for only 28 days. The wife filed a complaint in February 2020, mainly against her husband, a follower of Brahmakumari, and his in-laws. She accused her husband of always watching videos of Brahmakumari sister Shivani and not being interested in a physical relationship. He believed love should be spiritual, not physical. The in-laws were accused of demanding dowry at the time of marriage.
The family court annulled the marriage, citing the husband’s refusal to have a physical relationship as cruelty under the Hindu Marriage Act. The husband and his parents challenged the proceedings under IPC Section 498A and Section 4 of the Dowry Prohibition Act.
The High Court noted that the parents did not live with the couple and observed that during their 28 days together, there were no incidents of cruelty as defined under IPC Section 498A. Justice M Nagaprasanna stated that the main grievance was the husband’s lack of interest in a physical relationship.
“This constitutes cruelty due to non-consummation under Section 12(1)(a) of the Hindu Marriage Act, not cruelty as defined under IPC Section 498A. A divorce decree was granted based on this cruelty, but criminal proceedings cannot continue on the same grounds,” Justice Nagaprasanna explained.
“Cruelty under IPC 498A involves willful conduct likely to drive a woman to suicide or cause grave injury. It also includes harassment to coerce her or her relatives into meeting unlawful demands. The complaint does not indicate any such cruelty,” the court added.
Case Title: ABC & Others vs. State of Karnataka & ANR
Case No: CRIMINAL PETITION No.7067 OF 2021
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