Cruelty under Section 498A IPC- Asking Wife to Cook Properly is not Ill-Treatment

August 09, 2018

In this recent case, the High Court opined that merely asking wife to cook properly does not amount to ill-treatment punishable for offence under Section 498A of Indian Penal Code.

Case name: The State of Maharashtra v.  Vijay Dhondiram Shinde

The Appellant in the case has challenged Session Judge’s order, whereby the all the accused in the case were acquitted for offence under Sections 498A and 306 read with section 34 of The IPC.

In the case, the deceased Nanda, wife of Respondent no. 1 i.e. main accused in the case had committed suicide and the prosecution   case was that the   deceased   Nanda was ill-treated by all the accused on the ground that she was not cooking properly and also on the ground that the Respondent no. 1 was having illicit relationship with his sister-in-law i.e. wife of his brother. 

The Bombay High Court dismissed the Appeal on the following grounds:

  • That from the material available on record it is clear that Nanda was being scolded by her in-laws only on the ground of not cooking properly or not doing the household work. In this context, the High Court observed that the allegations of ill-treatment on the ground of not cooking properly and not doing household work would not mean that the deceased was being ill-treated. That there was no further evidence to show that the treatment would fall under Section 498A or 306 of IPC.
  • That the prosecution had not brought any evidence to show that there was any illicit relationship between the Respondent husband and his sister-in-law and that the allegations of illicit relationship were only based on the realm of suspicion.

In view of the aforesaid, the High Court opined that the quarrel complained of, was of not such a serious nature which would have driven Nanda to commit suicide. Thus, the High Court dismissed the appeal.

The entire case can be accessed here.

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Ambiguous Allegations Does not Attract Offence u/S 498A of IPC

Not Sending Wife to her Paternal Home is not Cruelty u/S 498A IPC

Note on SC’s Directions on Misuse of Section 498A of IPC

About the Author

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.