Non-consummation of marriage by husband does not amount to cruelty on wife under the definition of section 498A of the Indian Penal Code (IPC) even though non-consummation amounts to cruelty under the provisions of the Hindu Marriage Act, the High Court of Karnataka has ruled.
The High Court has made this distinction while quashing criminal proceedings against a husband and in-laws by a woman under Section 498A of the IPC alleging that the husband subjected her to cruelty by refusing to have physical relationship with her.
The court noted that the only substantial allegation made by the wife, who lived with her husband in marital home only for 28 days after the marriage, is that he never intended to have physical relationship with her as he is a follower of Brahma Kumaris.
It was alleged in the complaint that he was always watching the videos of one sister Shivani, a Brahma Kumari, and told the wife that he gets inspired by watching those videos and encouraged her to watch the videos.
The husband, inspired by Brahma Kumari videos, was of the view that “love is never getting physical, it should be soul to soul. Due this he never intended to have physical relationship with the wife,” the court noted.
The husband’s intention of “not to have physical relationship with the wife 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,” the court observed.
Noticing that the Family Court had in November 2022 annulled the marriage, solemnised in December 2019, while allowing the plea for annulment made by the wife on the ground of cruelty in view of failure of the husband to consummate the marriage, the High Court said that criminal proceedings under Section 498A cannot be permitted to continue in the absence of ingredient for invoking Section 498A.
The continuation of criminal proceedings against the husband and the in-laws, who never stayed with her, would degenerate into harassment and become abuse of the process of law resulting in miscarriage of justice, the court said while allowing the petition filed by the husband and his parents.
