INSUBCONTINENT EXCLUSIVE:
BENGALURU: Denial of physical relationship by a husband amounted to cruelty under Hindu Marriage Act-1955, but not under section 498A of
IPC, the Karnataka HC said in a recent judgment, quashing the proceedings against a man and his parents in a criminal case lodged by his
wife in 2020.The husband moved the high court challenging the chargesheet filed against him and his parents under IPC section 498A and
section 4 of Dowry Prohibition Act, 1961.Justice M Nagaprasanna observed that the only allegation against the petitioner was that he was the
But it did not fall under the purview of cruelty as defined under section 498A, it said.The couple married on December 18, 2019, but the
wife stayed at the marital home for just 28 days
She filed a police complaint on February 5, 2020, under Section 498A and the dowry act
She also filed a case before the family court under Section 12(1)(a) of Hindu Marriage Act, seeking annulment of marriage on the ground of
cruelty, citing that the marriage was not consummated
While the marriage was annulled on November 16, 2022, the wife decided to proceed with the criminal case.The HC said criminal proceedings
