The Karnataka High Court has dismissed the proceedings initiated under Section 498A of the Indian Penal Code (IPC) against a husband by his wife for failing to consummate their marriage, citing that the case would result in harassment and a miscarriage of justice.
Justice M. Nagaprasanna stated that although the circumstances of the case could be considered as cruelty justifying divorce, continuing with criminal proceedings would lead to harassment, misuse of the legal process, and an unfair outcome.
The court also found insufficient evidence against the in-laws, who had never lived with the couple.
The husband had filed a petition seeking dismissal of charges related to mistreatment and violations of the Dowry Prohibition Act.
The marriage between the petitioner and the complainant ended abruptly, with the wife residing in the marital home for only 28 days. She filed both a criminal complaint against her husband and a petition under the Hindu Marriage Act seeking annulment of the marriage based on mistreatment.
The court granted the petition for annulment in November 2022.
The petitioner argued that the allegations did not meet the requirements of Section 498A, while the complainant claimed that her husband would always watch Brahmakumari sister videos when she approached him and expressed disinterest in an intimate relationship.
No additional allegations regarding dowry demands were made against the husband.
Considering these circumstances, the court concluded that the complaints against the husband were of a minor nature. The court emphasized that in matrimonial cases, proceedings should not continue unless prima facie offenses are established, as directed by the Supreme Court.
As a result, the husband’s petition was granted, and the criminal case against him was dismissed.
