Comments on wife's cooking not cruelty u/s Section 498A IPC: Bombay HC [Read Judgment]

Mumbai: Commenting on wife's cooking will not come under cruelty under Section 498 A under the Indian Penal Code, 1860.

"..  (allegation against the petitioners).... 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", Justices Anuja Prabhudesai and NR Borkar stated.

A case was registered based on a a wife's complaint (Respondent) stating that she was driven out of her matrimonial home. She alleged that her husband was unable to establish conjugal relations with her and her in-laws used to taunt and insult her. She further alleged that her in-laws use to taunt and insult her. Petitioner, the wife's brother-in-law also commented on her cooking skills and stated that her parents hadn't "taught her anything". Aggrieved, her brother in law moved the Court seeking to quash the case against him.

The Court underscored that petty quarrels do not come under the ambit of cruelty within the meaning of Section 498-A of IPC.

"In order to constitute an offence under Section 498-A, there must be prima facie material to prove (a) willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman ; (b) that they had harassed her with a view to coerce her to satisfy unlawful demand of dowry. It has to be established that the woman has been subjected to cruelty continuously or persistently or at least in close proximity of time of lodging the complaint."

The Court relied on Supreme Court's decision in Manju Ram Kalita v/s. State of Assam to make these observations.

"Having considered the nature of the accusations against the Petitioners, this is a fit case to quash the FIR by exercising power under Article 226 of the Constitution and even under Section 482 of Code of Criminal Procedure", the Court while quashing the case.

[Read Judgment]