The Karnataka High Court has quashed criminal proceedings against a man by his ex-wife who alleged that his refusal to consummate their marriage amounted to cruelty under the Indian Penal Code (IPC).
The High Court noted that failure to consummate a marriage does not amount to cruelty under the definition of section 498A of the IPC, even though it amounts to cruelty as a ground for divorce under the Hindu Marriage Act, as per a report in BW Legal World.
The woman had filed a criminal case under Section 498A of the IPC alleging that her husband’s refusal to consummate the marriage amounted to cruelty. She also sought annulment of the marriage after only 28 days. The couple had gotten married in December 2019.
The woman, in her complaint, said her husband was a follower of the Brahma Kumaris – a spiritual movement that advocates for a celibate lifestyle. She said her husband was always watching videos of one of the Brahma Kumari sisters, Shivani, and also encouraged her to watch the videos, according to The Hindu. She also claimed her husband told her he never intended to have a physical relationship with her.
Inspired by the Brahma Kumaris, the husband felt 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 said.
It also observed that the Family Court had annulled their marriage in November 2022. Taking these facts into account, the Karnataka High Court ruled that the wife’s grievances were trivial in nature and criminal proceedings against the husband cannot be permitted to continue.
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