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 HC 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 Sections 376(2)(j), 342, 323, 504, 506 r/w Section 34 of the Indian Penal Code (IPC).
The two were colleagues at a MNC motorbike showroom in Bengaluru.
They courted each other for four years before marrying on January 27, 2023 in a temple and the 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.
A squabble the following day 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 HC 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 HC 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 HC 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."
