'Family planning is not cruelty': Karnataka High Court

Karnataka High court, Family planning not cruelty, Karnataka High court, latest updates, Justice HB — Image Source : PTI/ REPRESENTATIONAL (FILE). Karnataka High Court.

Highlights

Husband talking to his wife on when to have baby can not be considered as cruelty: Karnataka HC
Bench headed by Justice Shastri quashed charges alleging harassment by husband, mother-in-law
Bench said that couple are educated and have spoken to each other before marriage about their future

In a major development, Karnataka High Court has observed that a husband asking his wife to pursue higher education and talking to his wife on when to have baby can not be considered as cruelty.

The bench headed by Justice HB Prabhakara Shastri on Wednesday (August 17) also quashed charges alleging harassment by husband and mother-in-law levelled by his wife. The bench considered the petition of the accused husband and his mother seeking relief from the punishment given by the lower court.

The bench said that the couple are educated and have spoken to each other before marriage about their future. Therefore, a husband asking his wife to pursue her education and join the job can't be considered as cruelty.

The husband had spoken to wife about not having a baby for 3 years. But, the wife had alleged that her husband's family tortured her for the matter of having the baby. The court observed that, in the larger interest of family, husband talking to his wife on when to have baby can't be considered as cruelty or torture.

The wife had also alleged that she was forced to learn Tamil language and to play shuttle and card games with her husband. The court has also stated that there is no wrong in asking the partner to learn language which is known to all in the family.

The couple stayed in America and the accused husband asked his wife to continue her education and find a good job there. He also told her that this would help the family.

The wife had lodged a dowry case against her husband and his mother and also alleged torture and cruelty. The lower court had accepted her petition and pronounced punishment. The Session's Court had also upheld the punishment order. Hence, the petitioner had approached the High Court seeking relief.