Non-consummation of marriage is cruelty to wife under Hindu Marriage Act but not under IPC: K’taka HC
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Bengaluru: The High Court of Karnataka has ruled that non-consummation of marriage by the husband does not amount to cruelty to the wife under the definition of section 498A of the Indian Penal Code (IPC) even though non-consummation amounts to cruelty under the provisions of the Hindu Marriage Act.
The court made these remarks while quashing a case under 498A (cruelty) against a man and his parents filed by his wife citing that the husband subjected her to cruelty by refusing to have a physical relationship with her.
The couple got married in December 2019 and stayed together only for 28 days. The wife filed a complaint in February 2020.
Though the complaint was also against the in-laws, the main grievance of the wife was against the husband, a follower of Brahmakumari samaja.
The wife accused the husband of always watching videos of Brahmakumari sister Shivani and saying that he gets inspired by watching those videos. The husband also encouraged the wife to watch the videos.
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The court noted that the only substantial allegation made by the wife, who lived with her husband in a marital home only for 28 days after the marriage, is that he never intended to have a physical relationship with her as he is a follower of Brahma Kumaris.
The husband, inspired by Brahma Kumari videos, was of the view that “love is never getting physical, it should be soul to soul. Due to this he never intended to have a physical relationship with the wife,” the court noted.
The husband would tell his wife that he was not interested in a physical relationship and that love is not getting physical relationship and should have soul-to-soul love.
On the other hand, the allegation against the in-laws was that they had demanded dowry at the time of marriage and instigated their son in that regard.
The husband’s intention of “not to have a physical relationship with the wife would undoubtedly amount to cruelty due to non-consummation of marriage under Section 12(1)(a) of the Hindu Marriage Act and not cruelty as is defined under Section 498A of the IPC,” the court observed.
Noticing that the Family Court had in November 2022 annulled the marriage, solemnised in December 2019, while allowing the plea for annulment made by the wife on the ground of cruelty in view of failure of the husband to consummate the marriage, the High Court said that criminal proceedings under Section 498A cannot be permitted to continue in the absence of ingredient for invoking Section 498A.
The continuation of criminal proceedings against the husband and the in-laws, who never stayed with her, would degenerate into harassment and become an abuse of the process of law resulting in miscarriage of justice, the court said while allowing the petition filed by the husband and his parents.
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