Karnataka HC: Non-Consummation of Marriage Not Covered by Section 498-A

The Karnataka High Court has dismissed a criminal complaint made by a wife against her husband, alleging cruelty under Section 498-A of the Indian Penal Code, as he refused physical relations after marriage due to watching spiritual videos of a Brahmakumari.

In a petition filed by the husband’s parents and the husband, the single judge bench of Justice M Nagaprasanna ruled in their favor, rejecting the wife’s accusations made 28 days after their marriage.

The court noted that “the only allegation is that he is a follower of Brahmakumari, always was watching videos of one sister Shivani, a Brahmakumari; gets inspired by watching those videos, always told that love is never getting physical, it should be soul to soul. On this score, he never intended to have a physical relationship with his wife”.

The court concluded that while this may amount to cruelty due to non-consummation of marriage under Section 12(1)(a) of the Hindu Marriage Act, it does not fall within the scope of Section 498-A of the IPC.

Furthermore, the court criticized the proceedings, expressing concerns that they would ultimately result in a miscarriage of justice and constitute an abuse of the legal process.