Best illustration of abuse of law: Karnataka HC stays case by woman against husband, family
Bengaluru, Jun 10: The High Court of Karnataka passed an interim order of stay on the complaint filed by a woman, alleging among other things, rape, by her husband with whom she lived for only one day.
“If this cannot be a case where the complainant has abused the process of law, prima facie, there cannot be a better illustration,” the high court said while granting the stay on the criminal process against the husband and his family members.
The husband and his family members had approached the high court challenging the complaint filed by the wife and the registration of the case under various sections of the Indian Penal Code (IPC).
The two were colleagues at an MNC motorbike showroom in Bengaluru.
They courted each other for four years before marrying on January 27, 2023 in a temple and they got the marriage registered before the Registrar of Marriages in Malleshwaram. The same day, the wife’s birthday was celebrated.
The husband allegedly came to know of the wife’s earlier affair and her being in touch with the other person on WhatsApp.
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An argument broke out the following day, which led to the wife walking out of the matrimonial house on January 29.
“It is averred that she threatened to end the marriage with the first petitioner. From 29.01.2023 to 01.03.2023 close to 32 days there was no interaction between the two, and after 32 days, complainant files a complaint before the jurisdictional police alleging the afore-quoted offences,” the high court noted.
The wife’s police complaint said that she “did not know what happened to her on the date of marriage. She claims she was intoxicated. She further claims that she does not remember having signed anything before the Registrar of Marriages. She further alleges that the petitioners on coming to know of her earlier affair had tortured her. As per the allegations in the complaint, though she was married, because of the aforesaid circumstances, the alleged sexual act between the two after marriage amounts to rape.”
The high court which heard the husband’s and his family members’ petition said, “The complainant having fallen in love, being in a relationship for few years marries the first petitioner, lives for few days and then alleges rape. It does not stop at the first petitioner, but all the members of the family of the first petitioner who were present at the marriage are dragged into the web of crime.”
Granting the interim stay, the high court said, “Therefore, there shall be an interim order of stay of investigation and further proceedings in Crime No.23 of 2023 qua the petitioners, till the disposal of the petition. Accordingly, application stands allowed.”
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260 Gram Panchayat seats to go to by-polls on May 11 in Karnataka
Bengaluru: The Karnataka State Election Commission has announced by-elections for 260 vacant seats across 222 Gram Panchayats in the state. The polling will be held on May 11.
According to the official schedule, the Deputy Commissioner will issue the election notification on April 22, and the last day to file nominations is on April 28. The scrutiny of nominations will be held on April 29, and the last day to withdraw nominations is on May 2.
Polling will be conducted from 7:00 AM to 5:00 PM on May 11. In case of any need for re-polling, it will be held on May 13 during the same hours. The counting of votes is scheduled for May 14, from 8:00 AM to 5:00 PM, at the designated taluk centers, and results will be declared following the counting.
