Criticizing Wife’s Cooking Not a Crime under Section 498A IPC

The Court quashed an FIR registered against the relatives of the husband who had been accused of cruelty under Section 498A of the Indian Penal Code by the wife.

The Bombay High Court, in the case of Sandesh Madhukar Salunkhe & Anr v. State of Maharashtra & Anr, recently ruled that negative remarks made by a husband’s relatives about the wife’s cooking skills do not qualify as cruelty under Section 498A of the Indian Penal Code (IPC). The court dismissed a first information report (FIR) filed by the wife against her husband’s family.

According to the wife’s complaint, she claimed that her husband’s brothers would mock and belittle her, asserting that she lacked culinary skills and that her parents failed to teach her anything. However, the division bench, comprising Justices Anuja Prabhudessai and NR Borkar, determined that such comments did not meet the criteria for cruelty under Section 498A.

“In the instant case, the only allegation levelled 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 woman alleged that her marriage took place on July 13, 2020, but she was forced to leave her marital home in November 2020. Following this, she filed a First Information Report (FIR) on January 9, 2021. According to her, her husband failed to establish a marital relationship with her from the beginning.

The accused sought to have the FIR dismissed through legal proceedings. The Court, however, ruled that minor arguments and disagreements did not meet the criteria for cruelty as defined in Section 498A of the Indian Penal Code.

The Court expressed the view that, to prove an offense under Section 498A, it must be demonstrated that cruelty was inflicted on the woman consistently or persistently. Considering the circumstances of the case, the Court determined that it was suitable for quashing and granted the petition filed by the two relatives.