The High Court of Karnataka has issued an interim order to stay the complaint filed by a woman who alleged being raped by her husband, with whom she lived for only one day. The court has deemed this case as a prime example of the abuse of law. The interim stay was granted on the criminal process against the husband and his family members after they approached the High Court challenging the complaint filed by the wife.
Background and Allegations
The husband and wife were colleagues at a multi-national motorbike showroom in Bengaluru. After courting each other for four years, they got married on January 27, 2023, in a temple and registered their marriage before the Registrar of Marriages in Malleshwaram. On the same day, the wife’s birthday was celebrated.
However, a day after the marriage, a dispute arose, leading the wife to leave the matrimonial house on January 29. The wife alleges that she was intoxicated on the date of the marriage and does not recall signing any documents before the Registrar of Marriages. She further claims that the husband and his family members, upon learning about her previous affair, subjected her to torture. According to her complaint, the sexual act between the couple after marriage amounted to rape due to the circumstances surrounding their relationship.
The High Court noted that there was no interaction between the husband and wife for approximately 32 days after the wife threatened to end the marriage. After this period, the wife filed a complaint with the police, alleging the aforementioned offenses. The court remarked that the complainant had been in a relationship with the first petitioner, the husband, for a few years before marrying him, and it is after a few days of marriage that she alleged rape. The court emphasized that the allegations extend beyond the husband and also involve all the family members present at the marriage.
Interim Order and Stay of Investigation
Considering the circumstances, the High Court granted an interim order of stay on the investigation and further proceedings regarding Crime No. 23 of 2023, which pertains to the complaint filed by the wife. The stay will remain in effect until the petition is disposed of. The court emphasized that this case exemplifies the abuse of the legal process.
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