Denial of sex is cruelty, but not an offence, rules Karnataka High Court

 BENGALURU: The Karnataka High Court has quashed criminal proceedings against a man and his parents lodged by his wife in connection with the denial of a physical relationship.

"As per the Hindu Marriage Act of 1955, denial of physical relationship by the husband amounted to cruelty, but not under IPC Section 489A," the bench observed.

The bench headed by Justice M. Nagaprasanna gave the order while looking into the petition submitted by the husband. The petitioner’s husband had challenged the charge sheet filed by the police under IPC Section 498A and Section 4 of the Dowry Prohibition Act against him and his parents. The bench observed that the sole allegation against the petitioner is that he believed that love is never about getting physical and should be soul-to-soul. The bench observed that the husband never intended to have a physical relationship with his wife. "Non-consummation of marriage would undoubtedly amount to cruelty under section 12(1)(a) of the Hindu Marriage Act. But it does not fall under IPC Section 498A. (IANS)

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