Karnataka High Court Halts Cruelty Case Against Husband for Denying Wife French Fries

The Karnataka High Court intervened in a case where a man faced charges under Section 498A (cruelty) of the Indian Penal Code (IPC) for allegedly refusing to allow his wife to eat French fries.

Justice M. Nagaprasanna observed that the allegations in the complaint were exceedingly trivial and, consequently, issued a stay on the investigation against the husband.

"Allowing any investigation against the husband would amount to an abuse of the legal process, effectively endorsing the wife's claim that she was denied French fries at the relevant time. Therefore, an interim order is granted to stay all investigations concerning the husband," the High Court stated.

The Court also permitted the man to travel to the United States for work, upon accepting his assurance that he would cooperate with the investigating authorities and not abscond.

In his petition, filed by Advocate Shanthi Bhushan H., the husband contended that the complaint against him was baseless and sought a halt to the investigation.

Advocate Bhushan informed the Court that the wife had lodged a complaint under Section 498A of the IPC against both the man and his parents. The Court had previously stayed the investigation against the parents.

He further submitted that his client, who was employed in the United States, was unable to return due to a Look Out Circular (LOC) issued by the jurisdictional court following the wife's complaint.

The wife claimed in her complaint that her husband had "refused to allow her to eat French fries, rice and meat shortly after she gave birth to their child."

The husband, however, argued that during the six years they lived in the United States prior to the birth of their child, his wife would make him do all the household chores.

"When she wasn't on the phone, she was watching Pakistani dramas," the husband stated in his response to the Court.
Justice Nagaprasanna noted that this case represented a clear misuse of the legal process and that the LOC was being "used as a weapon."

The Court further remarked that the entire complaint appeared frivolous and expressed its inclination to allow the man to return to the United States for work.

"What is the offence against the husband, you tell me? He is protesting, saying 'she asked me to clean the bathroom, wash dishes, and she was watching television. And in turn, the allegation under Section 498A is against me.' This is misuse and abuse.

“The assertions in the complaint are as vague as can be. Allowing any investigation against the husband would become an abuse of the legal process, effectively endorsing the wife's claim that she was denied French fries at the relevant time. Therefore, an interim order is granted to stay all investigations concerning the husband," the Court said.

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