The Karnataka High Court has granted a US-based man permission to prosecute his wife for malicious prosecution. Justice M Nagaprasanna quashed the FIR filed by the Basavanagudi women police and the chargesheet against the husband, allowing him to take legal action against his wife.
The couple married in May 2020, but the husband left for the US two months later due to his expiring H1B visa. In January 2021, the wife moved out of their home to live with a relative. Despite four appointments, she failed to complete her visa formalities until her fifth attempt in September 2021.
As their relationship deteriorated, the husband sought a divorce in December 2021 and filed a police complaint against his wife. In February 2022, the wife accused him of dowry-related offenses, leading to a chargesheet and court proceedings in June 2022.
The wife claimed her husband had a sexually transmitted disease and didn’t plan to take her to the US. She also accused him of blocking communication and withholding financial support despite earning over Rs 2 crore annually.
The husband contested these allegations, stating his wife demanded Rs 3 crore after failed conciliation attempts. He argued that she falsely accused him and subjected him to medical tests, including for human papillomavirus infection, which came back negative.
Justice Nagaprasanna noted that the wife’s accusations were unsupported by evidence. Her mother and brother’s statements, along with the chargesheet, did not indicate any dowry demands or cruelty from the husband. The judge also cited an email from December 2021, where the husband confirmed his wife’s travel plans to the US, contradicting her claims.
The judge concluded that the wife had misused the law to initiate criminal proceedings against her husband. He granted the husband the liberty to prosecute his wife for malicious prosecution or take action under Section 211 of the IPC, if he wished.
The court’s decision underscores the importance of preventing the misuse of legal provisions and protecting individuals from false accusations.
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