Karnataka HC Quashes Case Against Man For Not Consummating Marriage

A woman filed a case against her spouse for failing to consummate their marriage. The husband is a follower of the sisters of the Brahmakumari Samaja, hence a reason for not consuming the marriage. However, the Karnataka High Court (HC) quashed the case under Section 498A of the Indian Penal Code (IPC). 

According to Justice M Nagaprasanna, if the case proceeded further, it could be an abuse of law. The facts of the case may stand as a ground for divorce but criminal proceedings are out of the question. 

Karnataka HC On Marriage Consummation Case

Justice Nagaprasanna in the order stated- "Finding no ingredient even against the husband, the proceedings if permitted to continue would degenerate into harassment, become an abuse of the process of law, and ultimately result in a miscarriage of justice."

The court found no case was made against the parents-in-law as they never even stayed with the couple. The complaint filed by a woman made no other allegation against the husband concerning the demand for dowry. The woman's complaint was whenever she approached her husband to have a physical relationship with him, he always watched Brahmakumari sister videos. She also claimed of the husband had no interest in a physical relationship. 

The spouse filed a petition in court to quash the case against him for the offence of cruelty as well as offences under the Dowry Prohibition Act. The marriage between the couple hit a rough patch merely after staying together for 28 days. She filed a criminal case against the spouse under Section 498A and filed another plea under the Hindu Marriage Act for annulment of marriage on the ground of cruelty. Further, on that, the husband argued the allegations did not fulfill the requirements set out under the cruelty act and the case should be quashed. 

Further Court on hearing the arguments said that the grievances of the petitioner against her husband were insignificant. The court quashed the criminal case against him stating-  "In matrimonial cases, the Apex Court has time and again directed that unless the offences are found albeit prima facie, such proceedings should not be permitted to continue."

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