The Bombay High Court quashed an FIR filed by a Sangli woman accusing two of her husband's relatives of "cruelty" for allegedly not knowing how to cook. The woman alleged that she was driven out of the house and insulted for these reasons. The HC however ruled that telling a man's wife she does not know how to cook does not amount to cruelty under the Indian Penal Code (IPC). Justices Anuja Prabhudessai and Nitin Borkar ruled, "Needless to state that petty quarrels do not constitute cruelty within the meaning of Section 498A (cruelty to wife by husband or his relative)."
Under Section 498A, if found guilty, the accused can be imprisoned for 3 years and will have to pay a fine. The FIR was registered on January 9, 2021, by the Bhilawadi police station on the woman's complaint against her husband's brother and cousin, LiveLaw reported.
Woman Alleges Cruelty For Comments On Cooking
According to the FIR, the couple married in June 2020, only for her to be driven out of the house in November that year. She alleged that her husband's brother and cousin constantly insulted and taunted her for not knowing how to cook.
The accused persons were charged with Indian Penal Code Sections 406 (criminal breach of trust), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation), and 34 (Acts done by several persons in furtherance of common intention).
The Bombay HC noted that the only allegation levelled against the petitioners “are that they had commented that respondent no 2 (wife) does not know how to cook and that her parents have not taught her anything.”
The judges stated that to constitute a Section 498A 'cruelty' offence, there must be prima facie material to prove any grave injury or danger to her life or health or proof of wilful conduct that will drive the woman to commit suicide.
The HC also added that harassment for dowry could constitute cruelty, however, there was no such proof in this case. “It has to be established that the woman has been subjected to cruelty continuously or persistently or at least in the proximity of time of lodging the complaint,’’ the judges said.
The two-judge bench then stated, "This is a fit case to quash the FIR" and the chargesheet against the woman's husband and relatives.
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Why Bombay HC Ruled 'Comments About Wife's Cooking Is Not Cruelty'
The Bombay HC quashed the FIR filed by a woman against her husband's relatives claiming she was taunted, insulted, and driven out of her matrimonial home for not knowing how to cook.
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The Bombay High Court quashed an FIR filed by a Sangli woman accusing two of her husband's relatives of "cruelty" for allegedly not knowing how to cook. The woman alleged that she was driven out of the house and insulted for these reasons. The HC however ruled that telling a man's wife she does not know how to cook does not amount to cruelty under the Indian Penal Code (IPC). Justices Anuja Prabhudessai and Nitin Borkar ruled, "Needless to state that petty quarrels do not constitute cruelty within the meaning of Section 498A (cruelty to wife by husband or his relative)."
Under Section 498A, if found guilty, the accused can be imprisoned for 3 years and will have to pay a fine. The FIR was registered on January 9, 2021, by the Bhilawadi police station on the woman's complaint against her husband's brother and cousin, LiveLaw reported.
Woman Alleges Cruelty For Comments On Cooking
According to the FIR, the couple married in June 2020, only for her to be driven out of the house in November that year. She alleged that her husband's brother and cousin constantly insulted and taunted her for not knowing how to cook.
The accused persons were charged with Indian Penal Code Sections 406 (criminal breach of trust), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for criminal intimidation), and 34 (Acts done by several persons in furtherance of common intention).
The Bombay HC noted that the only allegation levelled against the petitioners “are that they had commented that respondent no 2 (wife) does not know how to cook and that her parents have not taught her anything.”
The judges stated that to constitute a Section 498A 'cruelty' offence, there must be prima facie material to prove any grave injury or danger to her life or health or proof of wilful conduct that will drive the woman to commit suicide.
The HC also added that harassment for dowry could constitute cruelty, however, there was no such proof in this case. “It has to be established that the woman has been subjected to cruelty continuously or persistently or at least in the proximity of time of lodging the complaint,’’ the judges said.
The two-judge bench then stated, "This is a fit case to quash the FIR" and the chargesheet against the woman's husband and relatives.