Karnataka HC Dismissed Charges Of Cruelty Against The Husband For Not Consummating Their Marriage

In a recent ruling, the Karnataka High Court dismissed charges filed under Section 498A of the Indian Penal Code (IPC), which pertains to cruelty against women, against a husband. The charges were brought by his wife due to the husband's failure to consummate their marriage, citing his affiliation with the sisters of the Brahmakumari Samaja. Justice M Nagaprasanna acknowledged that the circumstances of the case constituted cruelty as valid grounds for divorce. However, the court determined that the continuation of criminal proceedings would not be permissible.

Furthermore, the court concluded that no evidence was presented against the parents-in-law, who never resided with the couple.

The petitioner approached the Court to request the dismissal of the charges filed against him for cruelty and violations under the Dowry Prohibition Act.

The petitioner's marriage with the complainant deteriorated rapidly, and the wife resided in the matrimonial home for only 28 days. She subsequently initiated a criminal case against her husband while simultaneously seeking the annulment of their marriage based on cruelty grounds under the Hindu Marriage Act. The court granted her plea for annulment in November 2022.

The petitioner contended that the allegations made against him did not meet the criteria outlined in Section 498A.

On the other hand, the complainant alleged that whenever she tried to engage with him, he would consistently be engrossed in watching videos of the Brahmakumari sisters. Additionally, she stated that he frequently expressed disinterest in having a physical relationship.

No other accusations were made against the husband regarding dowry demands.

Considering these details, the Court acknowledged that the complaints raised by the petitioner against her husband were minor in nature.