In [AIYAPPA MB V. STATE OF KARNATKA]
A couple tied a knot in 2020 ,but they didn’t have any physical relationship or sexual activity because he was a follower of BRAHMAKUMARI . he used to watch their videos
After that the wife (petitioner) had moved the court for seeking divorce on the ground of section 12 (1) of HINDU MARRIAGE ACT 1955 and section 498 A ( cruelty to women ) of the Indian penal code 1860 .
But the karnatka high court quashed proceeding under section 498 A of IPC initiated against a husband by his wife for falling to consummate their marriage as he a follower of BEHMAKUMARI
Justice M NAGAPRASANNA said “ finding no ingredients even against the husband , the proceeding if permitted to continue would degenerate into harassment , become an abuse of the process of law and ultimately result in miscarriage of justice “,
The court said she can take divorce on the basis of hindu marriage act 1955
But no other allegation with regard to demand of dowry was made against the husband .
Written by- laxmi kumari intern under legal vidhiya
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