The Bombay High Court has ruled that labeling a wife as incapable of cooking does not amount to cruelty, dismissing charges against two relatives of a Sangli resident. Justices Anuja Prabhudessai and Nitin Borkar, in their order dated January 4, stated that minor disputes do not qualify as cruelty under Section 498A (cruelty to a wife by her husband or relatives) of the IPC.
Under Section 498A, the offense is punishable with imprisonment of up to three years and a fine. The FIR was filed by the Bhilawadi police station based on the wife’s complaint against her husband’s brother and cousin. A charge sheet was submitted to the joint civil judge, junior division, Palus.
According to the FIR dated January 9, 2021, the couple married in July 2020, and the wife claimed that she was ousted from her marital home in November 2020. She alleged taunts and insults from her in-laws. The judges noted that the only accusation against the petitioners was that they commented on the wife’s cooking skills and claimed that her parents had not taught her anything.
However, the judges clarified that minor quarrels do not constitute cruelty under Section 498A. They explained that for a Section 498A offense, there must be prima facie evidence of willful conduct leading the woman to contemplate suicide or causing severe injury or danger to her life, limb, or health.
Additionally, it must be established that the woman was harassed to meet an unlawful dowry demand.
