Family planning is not a cruelty, says High court

Bengaluru: 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 cannot be considered as cruelty.

The bench headed by Justice H.B. Prabhakara Shastri on Wednesday also quashed charges alleging harassment by husband and mother-in-law leveled 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 three 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 the 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.