Bombay High Court Quashes Woman’s Complaint Against Husband, Rules Comments on Cooking and Attire Not Cruelty
The Bombay High Court on Friday dismissed a criminal case filed by a woman against her husband and his family, stating that remarks about her cooking skills or clothing do not amount to severe cruelty or harassment under the law.
A bench comprising Justices Vibha Kankanwadi and Sanjay Deshmukh held, “Making annoying statements that the 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 noted that strained marital relationships often lead to exaggerations. Since all relevant facts were disclosed before the marriage, and the allegations were vague and not serious enough to qualify as cruelty under Section 498-A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita), it would be a misuse of legal process to allow the case to proceed to trial.
The woman had alleged mental and physical harassment by her husband and in-laws beginning about a month after their marriage in March 2022. She also claimed that her husband’s mental health issues were hidden from her before marriage and that he was undergoing psychological treatment. Additionally, she accused her in-laws of insulting her for not bringing gifts, demanding Rs 15 lakh for a flat during Diwali, and evicting her in June 2023.
Her husband and family approached the High Court seeking to quash the complaint.
While the woman’s side argued these actions constituted cruelty under Section 498A and cited instances of harassment like phone monitoring and character questioning, the court found the allegations too general and lacking evidence. It also highlighted that the police did not question neighbours during the investigation. Furthermore, chat records indicated the wife was aware of the husband’s mental health condition before marriage.
Section 498A of the IPC (now Section 85 of the Bharatiya Nyaya Sanhita) deals with cruelty by a husband or his relatives, classified as a cognisable, non-bailable, and non-compoundable offence—meaning the accused can be arrested without warrant, bail is not granted automatically, and cases cannot be settled privately outside court.
