The Karnataka High Court has ruled that denying physical relationship to one’s spouse amount to cruelty but is not an offence. The judgement came as the court quashed criminal proceedings against a man and his parents, who were charged by his wife under Section 498A and Section 4 of Dowry Prohibition Act for the denial of sexual relationship. The bench headed by Justice M. Nagaprasanna observed that as per the Hindu Marriage Act-1955, the act amounts to cruelty but not under IPC Section 489A.
The husband had challenged the charge sheet filed by the police against him and his parents. The sole allegation against the petitioner was that he never intended to have any physical relationship with his wife, claiming that he followed certain spiritual order. The bench observed that criminal proceedings against the man could not be proceeded as it amounts to an abuse of the process of law and result in the miscarriage of justice.
The couple got married on December 18, 2019, and the wife stayed with the husband for only 28 days. She filed a police complaint under the IPC Section 498A and a case before the Family Court under Section 12(1)(a) of Hindu Marriage Act stating that her marriage was never consummated. After the annulment of her marriage, the wife proceeded with the criminal case against her husband and his parents, but the court quashed the charges against them.
It is important to note that while denying physical relationship constitutes cruelty, it is not an offence under Section 489A. The ruling emphasizes the need for specific and separate laws to deal with cruelty in marriage, especially in cases where denying physical relationship amounts to cruelty against their spouse.
