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The plea sought quashing of charges accusing the husband of cruelty for allegedly discussing with his wife about pursuing her higher education and planning when to have a child.
The Karnataka High Court on Wednesday held that a husband's discussion with his wife about her higher education plans and timing of their child's birth does not amount to cruelty.
A bench of Justice HB Prabhakara Shastri quashed cruelty charges against the husband and mother-in-law stating that planning when to have a child is not cruelty.
The husband and his mother had filed a plea against the lower court's order convicting and sentencing the husband for cruelty to his wife.
The wife had alleged that the husband used to torture and abuse her and filed a dowry case against him and his mother which was allowed by the lower court. The sentence order had also been upheld by the Session's Court. In order to obtain relief, the husband approached the High Court.
The bench noted that the couple was well-educated and they discussed their future plans before getting married. "Therefore, it is not cruelty for a husband to encourage his wife to continue her studies and get employment," Court said.
Allegedly, the husband and wife had discussed the three-year delay in having a child before marriage. However, the woman alleged that she was subjected to abuse by her husband's relatives because of the pregnancy. Court noted that talking to one's wife about when to have a baby is neither cruel nor torturous if it serves the greater good of the family.
Further, the woman had alleged that she was made to play cards and shuttle with her husband as well she was forced to learn the Tamil language. However, Court opined that it is acceptable to request to spouse to learn a language that is spoken by everyone in the family.
Source: IANS
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