When the relationship gets strained, it appears that exaggerations are made, the Court observed.
The Aurangabad Bench of the Bombay High Court recently ruled that telling a wife she is not dressed appropriately or cannot cook well does not constitute cruelty under Section 498A of the Indian Penal Code (IPC). [Tushar Sampat Mane and Ors v. State of Maharashtra and Anr]
Justices Vibha Kankanwadi and Sanjay Deshmukh made this 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 alleged that after about a month of cordial relations following their marriage in March 2022, she was subjected to mental and physical harassment. She claimed her husband’s mental health issues were hidden prior to the marriage and that he was receiving psychological treatment. She further accused her in-laws of humiliating her for not bringing gifts, demanding ₹15 lakh during Diwali for purchasing a flat, and eventually driving her out of the house in June 2023.
Subsequently, the husband and his family approached the High Court seeking to have the case quashed.
Opposing the plea for quashing, the prosecution and the woman’s counsel contended that the conduct in question amounted to cruelty under Section 498A. They alleged a consistent pattern of physical and mental harassment, concealment of facts, and unreasonable demands, including monitoring her phone and casting aspersions on her character.
The Court, however, found the allegations to be “omnibus” in nature and unsupported by corroborative evidence.
“Now, except the statement of informant there is nothing in the charge sheet,” the bench noted.
The Court further noted, citing chat records, that the wife had knowledge of the husband’s health condition before their marriage.
“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.”
Consequently, the Court dismissed the case against all four family members.