Not having physical relations after marriage is cruelty under Hindu Marriage Act, High Court's big decision
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The petitioner stated that he does not believe in physical relations as per his religious beliefs and believes only in soul to soul union rather than body.
Karnataka High Court has given a big decision. The Court has observed that a husband not having physical relations with his wife after marriage may be wrong under the Hindu Disputes Act 1955 but it cannot be considered an offense under the IPC. Along with this, the High Court directed to quash the criminal cases registered against the accused person and his parents.
what is the matter
In fact, a woman had filed a case against her husband under Section 4 of the Dowry Prevention Act 1961 and Section 498A of the IPC. Against this, the husband moved the Karnataka High Court. The petitioner stated that he does not believe in physical relations as per his religious beliefs and believes only in soul to soul union rather than body.
Justice M Nagaprasanna, while hearing the petition, observed that the petitioner never intended to have physical relations with his wife, which amounts to cruelty under the Hindu Marriage Act as it violates Section 12(1)(a) of the Hindu Disputes Act. does not consummate the marriage but it is not an offense under section 498A of IPC.
both are divorced
Please tell that the couple was married in December 2019 but after marriage, the wife stayed at her in-laws house for only 28 days. In February 2020, the woman filed a case under Section 498A of the IPC and the Dowry Act. The woman also filed a case in the Family Court under Section 12(1)(a) of the Hindu Marriage Act. After this, the marriage of both was terminated in November 2022. However, the woman continued with the criminal case against the man. Against this the person approached the High Court. While giving relief to the youth, the High Court has dismissed the criminal case against him. The court said that action against the youth under the criminal law would be considered as misuse of the law.
