Karnataka High Court: Wife Cannot Be Accused of Extortion for Seeking Maintenance
The Karnataka High Court has ruled that a wife cannot be charged with extortion when she initiates legal proceedings for maintenance, and the court grants her the amount. The judgment clarifies that demanding and receiving maintenance legally does not constitute an offense.
A single-judge bench, led by Justice M. Nagaprasanna, issued this ruling while hearing a petition filed by a wife seeking to quash a complaint lodged by her husband. The husband had accused her of extortion under Sections 420, 406, 403, 109, 384, and 34 of the Indian Penal Code (IPC). The court also accepted the husband’s plea and dismissed a complaint filed by the wife, which alleged cruelty.
Husband’s Allegations and Wife’s Counterclaim
The husband claimed in his complaint that his wife had repeatedly extorted money under various pretenses. He further alleged that she had submitted a false affidavit to obtain maintenance and had received up to ₹1 crore so far.
The wife, on the other hand, stated that she discovered messages and WhatsApp chats on her husband’s old phone on June 15, 2020. She claimed these messages were highly offensive and humiliating. Additionally, she alleged that her husband had been involved with prostitutes and unlawful activities. Some photographs of her family were also found on the phone, which she believed required thorough investigation.
Court’s Observations and Ruling
The petitioner argued that the wife’s complaint was an abuse of legal proceedings, as it lacked any reference to cruelty, which is required under IPC Section 498A. The alleged incidents dated back to June 15, 2020, yet the complaint was registered only on October 8, 2023—more than three years later—without any explanation for the delay.
The wife contended that cruelty under Section 498A is not limited to physical abuse but also includes mental harassment. Since the case was still in the investigation stage, she argued that the court should not interfere.
However, after reviewing the complaint, the court noted that there was no mention of cruelty related to dowry demands, as required under IPC Section 498A. The court observed that incidents from June 15, 2020, were being used as allegations only in October 2023, after discussions about permanent alimony and child custody had failed.
Final Verdict
The court ruled that IPC Section 498A applies when a husband or his family subjects a wife to cruelty concerning a dowry demand. Since the wife’s complaint did not meet these criteria, the court dismissed both petitions.
Case Details:
Case Title: ABC vs. State of Karnataka & Others
Case Number: WRIT PETITION No. 3809 OF 2024 (GM–RES) C/W WRIT PETITION No. 28591 OF 2023
This judgment reaffirms that legally seeking and receiving maintenance is not extortion, and false allegations cannot be entertained under IPC provisions.
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