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The wife had filed a complaint against the husband, accusing him of having a sexually transmitted disease and claiming that he was never genuinely interested in taking her to the USA
The Karnataka High Court recently amended its earlier order dated June 28, 2024, which had allowed a husband to initiate criminal proceedings for malicious prosecution against his estranged wife under Section 211 of the Indian Penal Code (IPC). The modification came after the wife filed applications seeking review of the court's decision.
In response to the wife's application to recall the judgment, the bench of Justice M. Nagaprasanna clarified that since the judgment was not issued without hearing the parties, there was no basis for recalling it.
The only relief that can be granted is that the court had previously granted the husband liberty to initiate malicious prosecution against the wife, as noted in the order. However, given the reasons stated, the permission for malicious prosecution is now removed from the June 28 order, the court ordered.
It further emphasized that any legal proceedings initiated by the husband on the basis of this now-deleted observation shall stand obliterated.
Additionally, the wife requested that the remarks made against her in the earlier judgment be expunged. In response, Justice Nagaprasanna clarified that no remarks were made regarding the wife, other than what she had communicated to the husband. Therefore, there was no need to expunge those remarks, he held.
The court's earlier judgment came in a plea filed by the husband to quash criminal proceedings initiated against him by the wife under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
The couple got married in 2020 through an online matrimony website, and the husband returned to the USA two months later as his visa was expiring. In January 2021, the wife left their matrimonial home and started staying with relatives. Though the husband made several attempts to arrange a visa for her to join him in the USA, she did not show interest.
As their relationship became irreconcilable, the husband returned to India and filed for divorce in late 2021, followed by a police complaint against the wife. The husband alleged that all efforts of conciliation failed between the two, as the wife demanded Rs 3 crores in settlement.
On the other hand, the wife filed a complaint against the husband in February 2022. She accused the husband of having a sexually transmitted disease, specifically the Human Papilloma-Virus (HPV).
Upon reviewing the case, the high court found the wife’s complaint to be frivolous, stating that she had abused the legal process to bring false charges against her husband.
Court then remarked that the wife’s accusations lacked merit, noting that her complaint of dowry harassment and cruelty "tumbled down like a pack of cards" due to the absence of any substantial evidence.
Court had highlighted the fact in its judgment that, despite multiple appointments to secure a visa to travel to the USA, the wife had failed to attend. Moreover, even after obtaining a visa, she refused to travel, contradicting her claims that the husband had obstructed her ability to move abroad. Court had concluded that her allegations were part of a broader pattern of misusing the legal system.
Therefore, while allowing the husband's petition, the court had given the husband the liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC, if he desired so.
Case Title: SRI XXXX v. STATE OF KARNATAKA AND OTHERS
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