PRAYAGRAJ: A husband or a wife demanding sex from the other does not constitute cruelty , Allahabad HC said while dismissing a dowry and torture case filed against a Noida resident by his estranged spouse as one motivated by "sexual incompatibility" between the couple.
"If a man would not demand sexual favours from his wife and vice-versa, where will they go to satisfy their physical urges in a morally civilised society," Justice Anish Kumar Gupta said in an Oct 3 ruling. He was hearing a petition filed by the husband, asking for criminal proceedings against him to be quashed. The dowry case against him - he was also accused of forcing his wife into " unnatural sex " - was pending in a Gautam Buddh Nagar court.
Justice Gupta cited the FIR and the complainant's recorded statement to conclude that assault, if any, was triggered not by any unfulfilled demand for dowry but by the wife's refusal to "fulfil the sexual urges of the husband". "In any of the events, no injury has ever been sustained by the wife. From the facts of the case, by no stretch of imagination it can be said to be an offence of cruelty in terms of Section 498A of IPC. There is no averment with regard to any specific demand of dowry made by any specific person except general and vague allegations," Justice Gupta said.
The couple got married in 2015, after which the man and his family allegedly demanded dowry. The husband was also accused of abusing and assaulting his wife. When she objected, he allegedly tried to strangle her.
"If a man would not demand sexual favours from his wife and vice-versa, where will they go to satisfy their physical urges in a morally civilised society," Justice Anish Kumar Gupta said in an Oct 3 ruling. He was hearing a petition filed by the husband, asking for criminal proceedings against him to be quashed. The dowry case against him - he was also accused of forcing his wife into " unnatural sex " - was pending in a Gautam Buddh Nagar court.
Justice Gupta cited the FIR and the complainant's recorded statement to conclude that assault, if any, was triggered not by any unfulfilled demand for dowry but by the wife's refusal to "fulfil the sexual urges of the husband". "In any of the events, no injury has ever been sustained by the wife. From the facts of the case, by no stretch of imagination it can be said to be an offence of cruelty in terms of Section 498A of IPC. There is no averment with regard to any specific demand of dowry made by any specific person except general and vague allegations," Justice Gupta said.
The couple got married in 2015, after which the man and his family allegedly demanded dowry. The husband was also accused of abusing and assaulting his wife. When she objected, he allegedly tried to strangle her.
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