The Karnataka High Court has recently ordered quashing of a criminal complaint lodged by the wife against her husband and his parents alleging that Husband has expressed reluctance to have physical relationship after marriage and husband has not made physical relationship Criminal complaint was filed under section 498A of IPC.The wife said that it is cruelty for the husband not to have physical relations with his wife. According to the case, the couple was married in 2019. After marriage, the wife stayed with her husband for 28 days. After which she filed a petition in the Family Court seeking annulment of the marriage under Section 12(1) A of the Hindu Marriage Act. Along with this, she had lodged an FIR under Section 498A of IPC and Section 3/4 of Dowry Prohibition Act.In which the wife alleged that her husband is a follower of the Brahma Kumari sect, he spends most of the time watching videos related to this sect.He is not interested in spending time with his wife, he also wants to narrate the Brahma Kumaris video to her, and for this he plays the video in a loud voice.Being a follower of the Brahma Kumari sect, he is not inclined to have physical relations with his wife. He says that there is no need for physical union, soul meets soul.The allegation of the wife is that when he is not interested in having physical relations which are an essential part of the husband-wife relationship, when he does not satisfy the physical needs of the wife, he should not have married. He had the option of not getting married, yet he got married and is now doing cruelty to his wife by not fulfilling her physical needs. Acting on the petition filed by the wife, the Family Court considered not having physical relations after marriage as cruelty to the wife and granted a degree of divorce on the basis of cruelty. Thereafter, the husband and his parents filed a petition in the High Court under Section 482 CrPC, seeking quashing of the pending proceedings under 498 A and Dowry Act. Justice M Nag Prasanna's bench while hearing the matter said that Husband not having physical relation with wife after marriage, it is not fulfilling the physical need of wife is cruelty as per section 12(1)A of hindu marriage act. On the basis of which the family court had given the decree of divorce.But the cruelty described under section 498A of IPC is different. Referring to the definition of cruelty under section 498A of the IPC, the court observed that Willful conduct which is of such a nature as to cause a woman to commit suicide or to cause grievous hurt to the life of a woman or to endanger the life of a woman, Apart from this, when physical and mental harassment of a woman is done, then also under 498A, it has been kept in the category of cruelty. Where such coercion is caused to him or any person related to him to satisfy any unlawful demand, section 498A of the IPC provides for punishment to the husband and his relatives who did cruelty to woman. The court observed that there does not seem to be any indication of such a cruelty in the present case under Section 498A of the IPC . The court observed that the complaint filed by the wife and the summary charge sheet filed by the police do not reveal any incident or fact which attracts cruelty under Section 498A of the IPC. Court orders quashing of pending proceedings against the petitioners.
