The Allahabad High Court.
Credit: PTI File Photo
Lucknow: In a significant judgement, the Allahabad High Court has said that a man demnding sexual favours from his wife does not fall under the offence of cruelty.
A single bench comprising Justice Anish Kumar Gupta gave this ruling recently on a petition by a man seeking quashing of the cognizance/summoning order as well as the chargesheet arising out of a complaint lodged by his wife.
The court said that from the close scrutiny of the FIR, as well as the statement of the victim, the torture or assault, if any, was meted out not for any demand of dowry but on refusal of the opposite party no. 3 (wife) to fulfil the sexual urges of the applicant.
‘’If man would not demand sexual favours from his own wife and vice-versa, where they will go to satisfy their physical sexual urges in a morally civilized society,’’ the court said.
‘’By no stretch of imagination it can be said to be an offence of cruelty in terms of section 498-A IPC,’’ it went on to add.
''Therefore, in the considered opinion of this Court, the instant FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against the applicants herein … the instant application is allowed,’’ the court said.
The wife, in her complaint lodged with the police, had alleged that her in-laws were not satisfied with the dowry and gifts given during the marriage and demanded more dowry. She also alleged that she was assaulted by her husband, who used to drink and watch pornography, and insist on unnatural sex with her.