Karnataka High Court: Wife Cannot Be Accused of Extortion for Seeking Maintenance Granted by Court
The Karnataka High Court recently ruled that a wife cannot be charged with extortion simply because she seeks or receives maintenance granted by a court. The court said this does not amount to a criminal offense.
Justice M. Nagaprasanna, a single-judge bench, gave this ruling while allowing a petition filed by the wife to cancel a complaint made by her husband under Sections 420, 406, 403, 109, 384, and 34 of the Indian Penal Code (IPC).
At the same time, the judge also allowed a petition filed by the husband to cancel a complaint made by the wife against him under Section 498A IPC (cruelty).
The husband alleged that the wife had been extorting money by misusing the legal system and had collected ₹1 crore as maintenance by submitting a false affidavit.
On the other hand, the wife claimed that on June 15, 2020, she found shocking and humiliating messages and WhatsApp chats on her husband’s old phone. These chats suggested involvement with prostitutes and illegal activities. She also found personal photos of her family. Based on this, she filed a police complaint seeking investigation.
The husband’s lawyer argued that the wife’s complaint is a misuse of the law. He said she waited over three years to file the case, without giving a valid reason. He also noted that her complaint didn’t mention any cruelty as required under Section 498A IPC, which deals specifically with cruelty related to dowry demands.
The wife’s lawyer replied that mental cruelty also falls under Section 498A, and since the case is still under investigation, it should not be dismissed.
However, the High Court disagreed, saying that:
“There is not even a single sentence in the wife’s complaint that talks about cruelty linked to dowry, which is required under Section 498A of IPC.”
The court pointed out that the events mentioned in the complaint happened in 2020, but the complaint was only filed in October 2023, which came after talks of settlement or child custody failed.
The judge concluded that:
“Section 498A applies only if there is cruelty by the husband or his family linked to dowry demands. In this case, such ingredients are completely missing.”
The court then allowed both petitions, cancelling both complaints filed by the husband and wife.
Case Title: ABC vs. State of Karnataka & Others
Case Numbers: W.P. No. 3809 of 2024 (GM – RES) and W.P. No. 28591 of 2023
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