Not having a physical relationship with your spouse is not considered cruelty under Section 498A of the Indian Penal Code

21 June 2023 · Advocate Rajiv Rajpurohit

In a recent judgment, the Honorable High Court of Karnataka quashed an FIR lodged by a wife against her husband and in-laws under Section 498A of the IPC. The Court held that the husband's refusal to have a physical relationship with his wife did not amount to cruelty under Section 498A.

The Court noted that the wife's allegations against her husband were based on trivial grievances. She alleged that her husband watched videos of a Brahmakumari sister Shivani and was not interested in having a physical relationship with her. The Court held that these allegations did not amount to cruelty under Section 498A.

The Court also noted that the wife had been granted a decree of Divorce on the basis of the husband's refusal to have a physical relationship with her. The Court held that, as the wife had already been granted a decree of divorce, there was no need to continue the criminal proceedings against the husband.

The Court's judgment is a welcome clarification of the law on cruelty under Section 498A. It sends a clear message that refusing to have a physical relationship with your spouse is not considered cruelty under the law.

This judgment is also important because it highlights the need to carefully consider the allegations made in a Section 498A case before filing an FIR. If the allegations are based on trivial grievances, they are unlikely to succeed.

If you are considering filing a Section 498A case, it is important to speak to an experienced lawyer. A lawyer can help you assess the strength of your case and advise you on the best course of action.

'Court has held

?The only allegation is that he is a follower of Brahmakumari; always 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. This 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. It is on the basis of such cruelty a decree of divorce is granted to the complainant and on the same basis, criminal proceedings cannot be permitted to be continued. 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 important point which has been discussed in the said judgment is as under