Wife Can’t Be Charged with Extortion for Seeking Maintenance: Karnataka HC
The Karnataka High Court ruled that a wife cannot be charged with extortion if she seeks maintenance through a competent court and the court grants her claim. The judgment came while quashing criminal complaints filed by both the husband and wife against each other.
Case Background
The husband filed a complaint against his wife under Sections 420, 406, 403, 109, 384, and 34 of the Indian Penal Code (IPC). He alleged that his wife falsely claimed maintenance, filed a false affidavit, and extorted nearly ₹1 crore through court proceedings.
In response, the wife also filed a complaint, claiming that her husband engaged in unlawful activities, maintained relationships with prostitutes, and stored inappropriate photos of her family on his phone.
Both complaints were challenged in court.
Court’s Observations
The husband argued that the wife misused legal provisions to harass him and delayed filing her complaint for over three years without any explanation.
The wife countered that mental cruelty is a valid ground under Section 498A IPC, and her delayed complaint should not be dismissed without proper investigation.
After reviewing the complaints, the court noted:
- No evidence of cruelty for dowry demand was mentioned, as required under Section 498A IPC.
- The 3.5-year delay between the alleged incident and the complaint filing weakened the wife’s claims.
- Seeking and receiving maintenance through legal proceedings cannot be treated as extortion.
Final Verdict
The court ruled that the wife’s maintenance claim was legitimate and not extortion. It quashed both complaints, stating that neither met the legal requirements for prosecution under the IPC.
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