The Bombay High Court at Aurangabad has held that comments about a wife not wearing “proper” clothes or being unable to cook properly do not amount to cruelty under Section 498A of the Indian Penal Code [Tushar Sampat Mane and Ors v. State of Maharashtra & Anr].
A Division Bench of Justices Vibha Kankanwadi and Sanjay Deshmukh made the observation while quashing a criminal case filed by a woman against her husband, his parents, and two sisters.
"Making annoying statements that the informant was not wearing proper clothes or was unable to cook food properly cannot be said to be acts of grave cruelty or harassment," the Court said.
The complainant, who married in March 2022, alleged that her husband’s mental health issues were concealed before marriage, that she faced insults for not bringing gifts, demands of ₹15 lakh during Diwali for a flat, and was driven out of the matrimonial home in June 2023. She also claimed physical and mental harassment, monitoring of her phone, and questioning of her character.
The Bench, however, found the allegations “omnibus” and unsupported by evidence beyond her own statement. It further noted that chat records indicated she knew of her husband’s medical condition before marriage.
"When everything was disclosed prior to the marriage and allegations are omnibus or not so grave for befitting in the concept of cruelty under Section 498A, it would be an abuse of process of law to make the applicants face trial," the Court held, quashing the proceedings against all four accused.
Advocates Anshuman Deshmukh and BS Deshmukh appeared for the petitioners. Additional Public Prosecutor RP Gour represented the State. Advocates Raviraj Wakale and Rahul Joshi appeared for the complainant.
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