Section 498 IPC| Criminal Proceedings Cannot Be Instituted For Non-Consummation Of Marriage- Karnataka HC

A Karnataka High Court Bench of Justice M Nagaprasanna has dismissed a criminal complaint lodged by a wife against her husband under section 498-A of the Indian Penal Code. The wife accused her husband of cruelty, claiming he abstained from physical relations after marriage due to watching spiritual videos.

In that context, the Court observed that "neither the complaint nor the summary charge sheet narrates any factum/incident that would become an ingredient of Section 498A of the IPC. The only allegation is that, he is a follower of Brahmakumari; always was watching videos of one sister Shivani, a Brahmakumari; gets inspired by watching those videos, always told that love is never getting physical, it should be soul to soul. On this score, he never intended to have 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 is defined under Section 498A of the IPC. It is on the basis of such cruelty a decree of divorce is granted to the complainant and on the same basis, criminal proceedings cannot be permitted to be continued."

Counsel MRC Manohar appeared for the petitioners, while HCGP KP Yashodha and Counsel KS Karthik Kiran appeared for the respondents.

In this case, the petitioners claimed that their relationship turned sour immediately after their marriage in December 2019. The wife initiated two legal proceedings: one under Section 498A of the Indian Penal Code, alleging an offense, and another under Section 12(1)(a) of the Hindu Marriage Act, seeking annulment of the marriage due to cruelty.

The wife stated that the husband, being a follower of the Brahmakumari Samaja sect, refused to engage in physical intimacy whenever she approached him. Consequently, she argued that the husband, being aware of his beliefs, should not have entered into the marriage. Ultimately, the allegation of the petitioner was that the husband's affiliation with Brahmakumari Samaja gave him the choice to abstain from getting married.

Subsequently, the Court observed that "Cruelty would mean any willful conduct which is of the nature as is likely to drive a woman to commit suicide or cause grave injury or danger to the life of the woman. The other part is harassment, where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand. The section itself punishes the husband or the relative who subjects a woman to such cruelty."

In furtherance, the Court held that "A perusal at the complaint would indicate no ingredient of any cruelty by the in-laws i.e., father-in-law and the mother-in-law and it is an admitted fact that the parents never stayed with the couple. In the teeth of such facts, if further proceedings are permitted to continue against the parents, it would become an abuse of the process of law".

In light of the same, the petition was allowed.

Cause Title: ABC v. State of Karnataka & Anr.

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