The Bombay High Court ruled that remarks about a wife’s cooking or clothes don’t count as cruelty under Section 498A IPC. The Court quashed the case against the husband and his family, calling the allegations vague and unsupported.
Thank you for reading this post, don't forget to subscribe!
MAHARASHTRA: The Bombay High Court at Aurangabad has recently given an important judgment about what counts as cruelty under Section 498A of the Indian Penal Code (IPC).
The Court said that if a husband or in-laws say the wife cannot cook properly or is not wearing proper clothes, these kinds of remarks do not amount to cruelty under this law.
The decision came from a Bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh. They were hearing a case filed by a woman against her husband, his parents, and his two sisters.
The woman had filed a criminal case under Section 498A IPC, accusing them of cruelty after about one month of marriage.
While giving the judgment, the Court clearly stated:
“Making annoying statements that informant was not wearing proper clothes, was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment.”
The woman had alleged that after getting married in March 2022, she was treated badly by her husband and his family. She said that they hid her husband’s mental health problems before the wedding and that he was taking psychological treatment.
She also claimed that her in-laws insulted her because she didn’t bring gifts and even demanded Rs 15 lakh during Diwali to buy a flat. She said that in June 2023, they finally threw her out of the house.
After the case was filed, the husband and his family approached the High Court and requested the case to be cancelled. They said the allegations were false and without strong proof.
On the other hand, the woman and the prosecution argued that there was cruelty. They said that there was mental and physical harassment, lies about the husband’s health before marriage, and unfair behaviour like monitoring her phone and questioning her character. They said all of this should count as cruelty under Section 498A IPC.
But the High Court did not agree. It said that the allegations were vague and general, and there was no strong proof to support them.
The Court observed:
“Now, except the statement of informant there is nothing in the charge sheet.”
The judges also said that chat records showed the wife already knew about the husband’s mental condition before the marriage.
The Court mentioned that when relationships become bitter, people sometimes add extra or false claims.
The Bench noted:
“When the relationship gets strained, it appears that exaggerations are made. When everything was disclosed prior to the marriage and allegations are omnibus or of not so grave for befitting in the concept of cruelty contemplated under Section 498-A of the Indian Penal Code, it would be an abuse of process of law if the applicants are asked to face the trial.”
Because of this, the High Court quashed the case against all four members of the husband’s family, including the husband.
Appearances:
- Advocates Anshuman Deshmukh and B.S. Deshmukh represented the husband and his family.
- Additional Public Prosecutor R.P. Gour appeared for the State.
- Advocates Raviraj Wakale and Rahul Joshi represented the wife.
CASE TITLE:
Tushar Sampat Mane and Ors v. State of Maharashtra and anr.
Would You Like Assistance In Drafting A Legal Notice Or Complaint?
CLICK HERE
Click Here to Read Our Reports on Bombay High Court
Click Here to Read Our Reports on 498-A
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
