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Bombay High Court Rules Asking Wife to Do Household Work for Family Is Not an Offense, Quashes 498A Case

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The Bombay High Court recently ruled that asking a married woman to do household work for her family does not amount to treating her like a maid. The decision was made while quashing a case filed under Section 498A of the Indian Penal Code (IPC), which deals with cruelty towards women by their husbands or in-laws.

The case, titled Sarang Diwakar Amle vs. State of Maharashtra, involved a complaint from a wife who claimed that she was treated well for a month after marriage but was later forced to do household work, making her feel like a maid. She also alleged that her husband and in-laws demanded ₹4,00,000 for a four-wheeler. When she told them that her father could not afford it, her husband allegedly harassed her both physically and mentally.

Justice Rajesh S. Patil, presiding over the case, clarified that if a married woman is asked to do household work for the benefit of the family, it cannot be compared to treating her like a maid. He further noted that if the wife was unwilling to perform household duties, she should have communicated this before the marriage, or resolved the issue afterward.

The Court observed that while the wife had accused her husband of mental and physical harassment, the First Information Report (FIR) lacked sufficient details to substantiate these claims. According to the Court, the mere use of terms like “mental and physical harassment” without specific acts does not meet the legal criteria for Section 498A of the IPC, which deals with cruelty.

The Court also addressed other charges under Sections 323, 504, and 506 of the IPC, which were mentioned alongside Section 498A. It stated that these charges must also be supported by evidence of cruelty to hold up in court. Since no such evidence was presented, the Court ruled that it would be pointless to proceed with the trial.

As a result, the High Court allowed the husband’s application and quashed the case under Section 498A of the IPC.

This ruling emphasizes the need for concrete evidence in cases of harassment and cruelty under Section 498A, ensuring that vague or unsubstantiated allegations do not lead to prolonged legal battles.

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