In a recent ruling, the Karnataka High Court clarified that the absence of a physical relationship after marriage does not amount to cruelty under Section 498A of the Indian Penal Code (IPC). However, it can be considered cruelty under Section 12(1)(a) of the Hindu Marriage Act due to the non-consummation of the marriage.
The couple in question got married in December 2019 but lived together for only 28 days. The wife filed a complaint in February 2020, primarily against her husband, who is a follower of Brahmakumari, a spiritual organization. The wife’s complaint also included allegations against her in-laws, accusing them of demanding dowry.
Husband’s Refusal for Physical Relationship
According to the wife, her husband expressed no interest in a physical relationship, stating that love should be “soul to soul” rather than physical. The husband, a devoted follower of Brahmakumari sister Shivani, spent most of his time watching videos of the spiritual leader. On this basis, the wife filed for annulment, claiming the marriage was never consummated.
The family court granted the annulment on these grounds. The husband and his parents then approached the Karnataka High Court to challenge the criminal proceedings, particularly under IPC 498A and the Dowry Prohibition Act.
High Court’s Judgment
Justice M Nagaprasanna, who presided over the case, noted that the wife’s primary grievance was the husband’s refusal to have a physical relationship. The Court observed that this could be considered cruelty for non-consummation under the Hindu Marriage Act, but it did not qualify as cruelty under IPC Section 498A, which is designed to address more severe forms of harm, such as driving a woman to suicide or causing grave injury.
The High Court also dismissed the allegations against the husband’s parents, as they did not live with the couple during their short time together. The Court found no evidence of cruelty or dowry-related harassment in the 28 days the couple stayed together.
Conclusion
The Karnataka High Court concluded that while the husband’s refusal to engage in a physical relationship may justify the annulment of the marriage, it does not meet the legal standards of cruelty under IPC 498A. As a result, the criminal proceedings against the husband and his parents were quashed.
Case Title: ABC & Others vs State of Karnataka & ANR
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