BENGALURU: Criminal proceedings of ‘cruelty’ under Section 498A IPC cannot be permitted to continue against the husband when a decree of divorce has been granted to the wife on the basis of ‘cruelty’ due to non-consummation of marriage, defined under Section 12(1)(a) of the Hindu Marriage Act, the Karnataka High Court said.
Justice M Nagaprasanna passed the order while allowing a petition filed by a 33-year-old techie with a reputed firm in the city and his aged parents, questioning criminal proceedings against them under Section 498(A) IPC by the wife, a technical supporter in a firm. “The only allegation is that the husband is a follower of Brahmakumari; always watched videos of a certain sister Shivani, a Brahmakumari; got inspired watching the videos; maintained that love is never getting physical but should be soul to soul.
He never intended to have a physical relationship with his wife. This 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 defined under Section 498A of the IPC. It is on the basis of such cruelty that a decree of divorce is granted to the complainant-wife and on the same basis, criminal proceedings cannot be permitted to be continued against the husband,” the court noted.
The couple got married in December 2019 and their relationship turned sour within 28 days of their marriage. She walked out of her husband’s house and registered a complaint with JP Nagar police under Section 498A of IPC and Section 12(a)(a) of the Hindu Marriage Act, seeking annulment of marriage on the grounds of cruelty.
The marriage was annulled by the family court as the wife proved it is a voidable marriage owing to the impotency of the husband. Meanwhile, police filed a chargesheet against the husband and his parents, who knocked on the doors of the high court. The petitioners’ counsel argued that the parents had been dragged into the case without reason. Also, allegations against the husband would not qualify as an offence under Section 198A.
The wife’s counsel contended that the marriage was annulled in November 2022 but she wanted to pursue criminal proceedings as it amounted to cruelty. The court said it was alleged the husband played sister Shivani’s preachings day and night and forced his wife to watch them too. Therefore, the allegation is that being a follower of Brahmakumari Samaja, he could not have married her and this amounts to cruelty. Since her in-laws never stayed with the couple, the chargesheet does not make out charges of cruelty for dowry, the HC added.