The Bombay High Court recently dismissed a woman's First Information Report (FIR) against her husband's relatives, stating that derogatory remarks about the wife's culinary abilities by the husband's family do not qualify as cruelty under Section 498A of the Indian Penal Code (IPC).

In her complaint, the wife asserted that her husband's brothers consistently subjected her to taunts and insults, claiming she lacked culinary skills and asserting that her parents did not teach her anything.

Nevertheless, a division bench comprising Justices Anuja Prabhudessai and NR Borkar maintained that the disparaging remarks made by the husband's brothers did not meet the criteria for cruelty as defined under Section 498A.

"In the present case, the sole accusation against the petitioners is that they remarked on Respondent No.2's lack of culinary skills. The court held that such a comment does not amount to 'cruelty' as defined in the Explanation to Section 498-A of the Indian Penal Code."

The woman, in her complaint, asserted that her marriage took place on July 13, 2020. Alleging that she was expelled from her marital residence in November 2020, she subsequently filed an FIR on January 9, 2021.

She contended that her husband failed to establish a conjugal relationship with her from the day of their marriage. The accused individuals sought the court's intervention to quash the FIR. The court determined that minor disputes and disagreements did not meet the legal threshold for constituting cruelty under Section 498A of the Indian Penal Code (IPC).

The court expressed the view that in order to substantiate an offense under Section 498A, it is necessary to demonstrate that the woman endured cruelty in a continuous or persistent manner. In the said matter, the court deemed it appropriate to quash the proceedings and granted approval to the petition submitted by the two relatives.

Case Title: Sandesh Madhukar Salunkhe & Anr v. State of Maharashtra & Anr