In Ajyappa MB v. state of Karnataka, the Karnataka high court quashed proceeding under sec 498A of Ipc filed against the husband by his wife for not consummating the marriage .
The court further held that the facts of the case clearly shows that cruelty can be a ground for divorce but no criminal proceedings can be allowed to continue .the husband failed to consummate the marriage as he was a follower of the Brahmakumari samaja.
Finding no evidence against the husband , the proceeding if permitted will result in misuse of due process of law and miscarriage of justice .
Taking these facts into account the court upheld cruelty as a ground for annulement of marriage but did not allow any criminal proceedings against the husband .
Written by : Pratik kumar Yadav, College :faculty of law ,du, an intern under legal vidhiya