In a key ruling, the Karnataka High Court has granted a US-based man the right to prosecute his wife for “malicious prosecution” after quashing charges of dowry harassment against him. The court found that the wife had misused the law, filing a false case against her husband.
The couple married in May 2020. Two months later, the husband left for the US due to the impending expiry of his H1B visa. In January 2021, the wife left her marital home to stay with relatives. Although she was given four appointments to complete visa formalities by May 2021, she missed all of them. In September 2021, she secured a visa on her fifth attempt. By December 2021, their relationship had deteriorated, and the husband filed for divorce in a Bengaluru family court, along with a police complaint against his wife.
In February 2022, the wife countered by filing a complaint under the Dowry Prohibition Act, accusing her husband of dowry harassment. The police filed a chargesheet, and by June 2022, the magistrate had taken cognizance of the case.
The wife claimed her husband had an STD and did not intend to take her to the US. She also alleged that despite earning over ₹2 crore annually, he refused to share his income in a settlement. However, the husband refuted these claims, arguing that the wife was motivated by financial gain, demanding ₹3 crore after reconciliation efforts failed. He further stated that all medical tests, including tests for sexually transmitted infections, proved him innocent.
Justice M Nagaprasanna, while reviewing the case, observed that the wife had received traditional gifts of 614 grams of silver and 160 grams of gold (streedhana). Statements from her family and evidence in the chargesheet showed no proof of dowry demands or cruelty by the husband. The judge also noted that an email from December 2021 demonstrated the husband’s efforts to confirm her travel to the US, countering her claims that he had no intention of taking her abroad.
“The clear conclusion is that the complainant grossly misused the law to initiate criminal proceedings,” Justice Nagaprasanna said. He emphasized that the husband had the right to prosecute his wife for malicious prosecution under Section 211 of the Indian Penal Code.
The court, quashing the dowry charges, granted the husband the liberty to pursue legal action against his wife if he chooses to do so.
“If the facts observed are considered, it becomes clear that the complainant has grossly abused the legal process, and the husband must be given the liberty to initiate proceedings for malicious prosecution,” the court ruled.
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