Remarks on wife's cooking and clothing not cruelty under Section 498A: Bombay High Court

The Bombay High Court at Aurangabad recently held that remarks that a wife is not wearing proper clothes or was not able to cook food properly do not amount to cruelty under Section 498A of the Indian Penal Code (IPC). [Tushar Sampat Mane and Ors v. State of Maharashtra and anr]

A Bench of Justices Vibha Kankanwadi and Sanjay Deshmukh made the observation while quashing a criminal case under Section 498A filed by a woman against her husband, his parents and two sisters.

“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 Court said.

The woman had alleged that after about a month of cordial relations post-marriage in March 2022, she was harassed mentally and physically. She claimed her husband’s mental health condition was concealed before marriage and that he was undergoing psychological treatment. She also accused her in-laws of insulting her for not bringing gifts, demanding ₹15 lakh during Diwali for a flat and driving her out of the house in June 2023.

The husband and his family members moved the High Court to quash the case.

Opposing the quashing plea, the prosecution and the woman’s counsel argued that the acts amounted to cruelty under Section 498A. They alleged a pattern of physical and mental harassment, suppression of facts and unreasonable demands, including monitoring her phone and questioning her character.

The Court, however, held that the allegations were “omnibus” in nature and lacked corroborative evidence.

“Now, except the statement of informant there is nothing in the charge sheet,” the bench noted.

It also observed that the wife was aware of the husband’s health condition prior to marriage, based on chat records.

“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."

Accordingly, the Court quashed the case against all four family members

Advocates Anshuman Deshmukh and BS Deshmukh appeared for the husband and his family.

Additional Public Prosecutor R P Gour appeared for the State.

Advocates Raviraj Wakale and Rahul Joshi appeared for the wife.

[Read Order]