Karnataka High Court: Wife Cannot Be Charged With Extortion for Seeking Maintenance
The Karnataka High Court has ruled that a wife cannot be accused of extortion if she seeks and is granted maintenance through a competent court. Justice M. Nagaprasanna made this observation while allowing a wife’s petition to quash a complaint filed by her husband.
The husband had accused his wife of extorting money under false pretenses and claimed she had received nearly ₹1 crore in maintenance. He filed charges under Sections 420, 406, 403, 109, 384, and 34 of the Indian Penal Code (IPC). On the other hand, the wife had lodged a complaint alleging cruelty, stating that she discovered humiliating WhatsApp chats and messages on her husband’s phone, including claims of his involvement with prostitutes and unlawful activities.
The Court noted serious flaws in both complaints. It observed that the wife’s complaint lacked any mention of dowry-related cruelty, which is a key requirement under Section 498A of the IPC. The bench further pointed out that the alleged incidents dated back to June 2020, but the complaint was filed only in October 2023, with no explanation for the delay.
The Court stressed that Section 498A applies only when there is clear evidence of cruelty linked to dowry demands. Since the wife’s allegations did not satisfy these conditions, her complaint could not stand. Similarly, the husband’s complaint accusing his wife of extortion for claiming maintenance was also dismissed.
The High Court concluded that maintenance granted by a competent court cannot be treated as extortion and quashed both complaints.
Case Title: ABC vs State of Karnataka & Others
Case No.: Writ Petition No. 3809 of 2024 (GM–RES) C/W Writ Petition No. 28591 of 2023
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