HC on Sex Refusal by Husband: Denying Physical Relationship to Wife Cruelty Under Hindu Marriage Act, Not Under IPC Section 498A, Says Karnataka High Court
The Karnataka High Court quashed the criminal proceedings, holding that denial of physical relationship by a husband amounted to cruelty under Hindu Marriage Act-1955, but not under Section 498A of IPC.
Husband refusing sex to wife cannot be charged under Section 498A of the Indian Penal Code, the Karnataka High Court has said. The Karnataka High Court also held that refusing sex to wife was an act of cruelty under the Hindu Marriage Act of 1955. A man and his parents were booked and chargesheeted under IPC Section 498A and Section 4 of the Dowry Prohibition Act, 1961. This was challenged by the husband. Justice M. Nagaprasanna quashed the criminal proceedings, holding that denial of physical relationship by a husband amounted to cruelty under Hindu Marriage Act-1955, but not under Section 498A of IPC. Allahabad High Court on Wife Refusing To Have Sex, 'Denying Sexual Intercourse to Spouse for a Long Time Amounts to Mental Cruelty'.
HC on Sex Refusal by Husband
Not having sex is cruelty under Hindu Marriage Act, not under IPC, says Karnataka HC
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(The above story first appeared on LatestLY on Jun 20, 2023 07:59 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
