The woman, detailed that her husband was unable to establish a conjugal relationship with her since their marriage.
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In a significant ruling, the Bombay High Court has clarified that derogatory comments about a wife’s cooking skills do not constitute ‘cruelty’ under Section 498A of the Indian Penal Code (IPC). This decision came in response to a complaint filed by a woman against her husband’s brothers, who allegedly insulted her cooking abilities and upbringing.
The division bench, comprising Justices Anuja Prabhudessai and NR Borkar, examined the allegations and concluded that such remarks do not fall under the ambit of ‘cruelty’ as defined in Section 498A.
“In the instant case, the only allegation leveled against these petitioners is that they had commented that Respondent No.2 does not know how to cook. Such comment does not constitute ‘cruelty’ within the meaning of the Explanation to Section 498-A of the Indian Penal Code,”
the Court held.
The complaint, filed by the woman, detailed that her marriage was solemnized on July 13, 2020, and she was allegedly driven out of her matrimonial home in November 2020. Following this, she lodged an FIR on January 9, 2021. She also claimed that her husband was unable to establish a conjugal relationship with her since their marriage.
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The accused, in response, moved the Court for quashing the FIR. In its judgment, the Court noted that petty quarrels do not amount to cruelty within the meaning of Section 498A of the IPC. The Court emphasized that to establish an offense under this section, it must be proven that the woman was subjected to cruelty continuously or persistently.
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In light of these observations, the Bombay High Court found the present case fit for quashing and allowed the petition filed by the two relatives. This ruling is significant as it sheds light on the interpretation of ‘cruelty’ under Section 498A, clarifying that not all derogatory remarks, particularly those concerning domestic skills like cooking, amount to legal cruelty. This decision is expected to have implications for similar cases, where the scope and extent of ‘cruelty’ under the IPC are in question.
[Read Order]
