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.
