When the relationship gets strained, it appears that exaggerations are made, the Court observed.
The Aurangabad Bench of the Bombay High Court has held that remarks about a wife’s attire or cooking skills do not amount to 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 lodged 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 claimed that after enjoying about a month of cordial relations following their marriage in March 2022, she began facing mental and physical harassment. She alleged that her husband’s mental health condition had been concealed before the marriage and that he was undergoing psychological treatment. She further accused her in-laws of belittling her for not bringing gifts, demanding ₹15 lakh during Diwali to buy a flat, and ultimately forcing her out of the house in June 2023.
Thereafter, the husband and his family moved the High Court seeking quashing of the case.
Opposing the quashing plea, the prosecution and the woman’s counsel argued that the conduct constituted cruelty under Section 498A, alleging a persistent pattern of physical and mental harassment, suppression of facts, and unreasonable demands — including monitoring her phone and questioning her character.
The Court, however, held that the allegations were “omnibus” in nature and lacked corroborative evidence.
“Other than the informant’s statement, there is nothing in the charge sheet,” the bench observed.
It further noted, based on chat records, that the wife was aware of the husband’s health condition prior to the 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.”
As a result, the Court quashed the proceedings against all four family members.
