Comprehension
Quashing a case of cruelty that was filed against a man by his wife, the Bombay High Court said that if a married lady is asked to do household work for the family, it cannot be said that she is treated “like a maid servant”. The Court was hearing an application by the husband and his parents seeking that proceedings against them are quashed. A First Information Report (“FIR”) was filed against the trio in September 2020, around nine months after the marriage, alleging that they hounded the woman for money to purchase a car, harassed her mentally and physically and treated her like a maid servant. Examining the evidence, the Court found that there was no merit to the woman’s allegations. The Court said that though the FIR says that she was treated properly for about a month and then “like a maid servant”, there are no details of what this meant. The Court added: “If a married lady is asked to do household work for the purpose of the family, it cannot be said that it is like a maid servant.” The Court held that the mere use of the word harassment “mentally and physically” in the FIR is not sufficient to constitute an offence under Section 498A of the Indian Penal Code (“IPC”), which punishes the husband, or a relative of the husband of a woman who subjects her to cruelty in any way. It is interesting to note that Section 498A of the IPC also provides that if a married woman is actually treated like a ‘maid servant’, it would be an offence under that Section.

[Extracted, with edits and revisions, from “If Wife Is Asked To Do Household Work, Does Not Mean She Is Treated Like Maid: Bombay HC”, The Wire]
Question: 1

Ashwin and Ashima were married in February 2020. In March 2020, Ashwin asked Ashima to take care of all their household work, such as cooking, cleaning, and other domestic chores, as he was very busy with his professional responsibilities. Ashima claims that this amounts to treating her like a maid servant and constitutes an offence under Section 498A of the IPC. Applying the Bombay High Court decision, is she likely to succeed?

Show Hint

When interpreting legal questions, always recall recent judicial decisions. Here, the Bombay High Court clarifies that household duties within the family do not amount to cruel treatment under IPC Section 498A.
Updated On: Jul 14, 2026
  • Yes, since Ashwin had only asked Ashima to do their household work, and not for others.
  • No, since Ashwin had only asked Ashima to do their household work, and not for others.
  • Yes, since Ashwin had asked Ashima to do household work for themselves as well as others.
  • No, since treating a married woman like a maid servant would not amount to an offence under that Section.
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The Correct Option is D

Approach Solution - 1

Step 1 (Legal background).
Section 498A of the IPC criminalizes cruelty inflicted by the husband or his relatives on the wife. However, for this section to apply, there must be an act of cruelty, either mental or physical, that harms the wife.
Step 2 (Bombay High Court ruling).
The Bombay High Court held that simply asking a wife to do household chores for the family does not amount to treating her as a "maid servant." The Court emphasized that if the tasks are related to household maintenance and the family, it is not considered an offence.
Step 3 (Analysis of the scenario).
In this case, Ashwin asked Ashima to manage the household duties, which falls under normal family responsibilities. The court found no evidence that this treatment amounted to cruel behavior or that it specifically made Ashima feel like a "maid servant" in the context of the law.
Step 4 (Conclusion).
The facts of the case, in line with the Bombay High Court decision, suggest that Ashwin’s request does not constitute an offence under Section 498A of the IPC.
\[ \boxed{\text{No, since treating a married woman like a maid servant would not amount to an offence under that Section. (Option D)}} \]
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Approach Solution -2

The Bombay High Court's ruling establishes a specific test: household work done for the family itself is not the same as being treated like a maid servant, while genuinely being made to serve in a servant-like capacity would be a different matter. Applying that test to Ashwin asking Ashima to manage cooking, cleaning and other chores because he is busy, let's examine each option.

  1. "Yes, since Ashwin had only asked Ashima to do their household work, and not for others": The factual premise here, that Ashwin asked only for their own household's chores, is accurate, but it is paired with the wrong conclusion. Chores confined to one's own family are exactly the kind of ordinary domestic responsibility that does NOT amount to being treated like a maid servant, so this premise should lead to "No," not "Yes." Because the conclusion contradicts its own stated reason, this option does not hold up.
  2. "No, since Ashwin had only asked Ashima to do their household work, and not for others": This tracks the distinction precisely. Ashwin asked Ashima to handle cooking, cleaning and chores for their own household because of his work schedule, nothing here extends her duties to outsiders or turns the arrangement into servitude. Ordinary domestic responsibility shared within one's own family, even if unevenly divided, is what falls short of "maid servant" treatment. Ashima is therefore unlikely to succeed, and the reasoning given matches why.
  3. "Yes, since Ashwin had asked Ashima to do household work for themselves as well as others": This option adds a fact that is not present in the scenario. Nothing in the facts suggests Ashima was asked to do work for anyone beyond her own household with Ashwin, so this premise is simply inaccurate to the given facts, and the conclusion built on it cannot stand.
  4. "No, since treating a married woman like a maid servant would not amount to an offence under that Section": This states the rule too broadly. Genuinely treating a married woman as a maid servant is exactly the kind of conduct the provision is meant to cover, it is only chores performed for one's own family that fall outside it. So while the conclusion happens to be "No," the reason given describes a rule that is broader than what actually applies here.

The option that correctly pairs the right outcome with the right reasoning is the one grounded in the fact that Ashwin's request was limited to their own household's chores.

Therefore, the correct answer is No, since Ashwin had only asked Ashima to do their household work, and not for others.

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Question: 2

In April 2020, Ashwin’s friend Rakesh visits Ashwin and Ashima’s home, and stays with them for a few days. During his visit, he is very mean to Ashima, and uses abusive language with her. He also threw a plate at her one evening when he was unhappy with the meal that she had prepared. Ashima now claims that Rakesh has committed an offence under Section 498A of the IPC. Is she likely to succeed?

Show Hint

Section 498A applies only to husbands and their relatives. For cruelty claims outside this, consider other legal provisions.
Updated On: Jul 14, 2026
  • No, since Rakesh’s actions were perfectly justifiable for a man who does not get a well-cooked meal.
  • Yes, since Rakesh’s use of abusive language and throwing the plate at Ashima clearly amount to cruelty.
  • No, since Rakesh is not her husband, nor is he related to Ashwin.
  • Yes, since Rakesh was staying at Ashwin and Ashima’s home at the time of the incident.
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The Correct Option is C

Approach Solution - 1

Step 1 (Understanding Section 498A).
Section 498A of the IPC criminalizes cruelty by the husband or his relatives against a woman. For the offence to apply, the perpetrator must be the husband or a relative of the husband.
Step 2 (Check the relationship).
Rakesh is Ashwin’s friend, not his relative, and not Ashima’s husband. Therefore, Rakesh is not covered under the scope of Section 498A, which limits the application to a woman’s husband or his relatives.
Step 3 (Ruling out abusive actions as an offence under IPC 498A).
Though Rakesh’s actions, such as using abusive language and throwing the plate, are inappropriate and may amount to other forms of legal action (e.g., assault or harassment), they do not meet the criteria for Section 498A, as the offender is not a husband or a relative of the husband.
Step 4 (Conclusion).
Since Rakesh is not related to Ashwin, nor is he Ashima’s husband, Ashima’s claim under Section 498A is unlikely to succeed.
\[ \boxed{\text{No, since Rakesh is not her husband, nor is he related to Ashwin (Option C)}} \]
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Approach Solution -2

Section 498A applies only to cruelty committed by a husband or a relative of the husband. Here, Rakesh is Ashwin's friend who is visiting and behaves abusively toward Ashima. Let's assess each option.

  1. "No, since Rakesh's actions were perfectly justifiable for a man who does not get a well-cooked meal": This suggests Rakesh's abusive language and throwing a plate were somehow reasonable. Nothing in the provision or in ordinary standards of conduct justifies verbal abuse or throwing objects at someone over food, so this reasoning does not hold, even though the ultimate "No" happens to be right for a different reason.
  2. "Yes, since Rakesh's use of abusive language and throwing the plate at Ashima clearly amount to cruelty": The conduct described, abusive language and throwing a plate, would ordinarily be recognised as cruel or even criminal behaviour in a general sense. But Section 498A is not a general cruelty provision, it specifically criminalises cruelty only when committed by a husband or a relative of the husband. Since Rakesh is neither, this conduct, however cruel, does not fall within the section merely because it looks like cruelty.
  3. "No, since Rakesh is not her husband, nor is he related to Ashwin": This correctly identifies the limiting condition in the provision. Rakesh is only a friend of Ashwin who is staying as a guest, he is not Ashima's husband and he is not a relative of Ashwin either. Because the offence under this section can only be committed by the husband or his relatives, Rakesh falls entirely outside its scope regardless of how badly he behaved.
  4. "Yes, since Rakesh was staying at Ashwin and Ashima's home at the time of the incident": Merely staying as a guest in someone's home does not turn a person into a "relative of the husband" for the purposes of this provision. Physical presence in the household is not the test, the relationship to the husband is, so this reasoning misidentifies what actually matters.

The provision's scope is defined by relationship, not by how serious the conduct was or where it happened, and Rakesh has neither the marital nor the family relationship the section requires.

Therefore, the correct answer is No, since Rakesh is not her husband, nor is he related to Ashwin.

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Question: 3

Frustrated and upset with her marriage, Ashima applies for and is granted a divorce from Ashwin in November 2020. Since she and Ashwin had been friends for many years before they got married, she stays in touch with him. She moves into her own apartment and starts going to office regularly at a new job. Ashwin is very upset at this and starts treating Ashima very cruelly. Ashima again claims that Ashwin has committed an offence under Section 498A of the IPC. Is she right?

Show Hint

For Section 498A to apply, the woman must still be married to the man at the time of the alleged cruelty. A divorce ends its applicability.
Updated On: Jul 14, 2026
  • Yes, since Ashwin has, as we are told, treated her cruelly.
  • Yes, since Ashwin has been her husband.
  • No, since Ashwin was understandably upset at Ashima’s behaviour.
  • No, since she is no longer married to Ashwin.
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The Correct Option is D

Approach Solution - 1

Step 1 (Consider the scope of Section 498A).
Section 498A of the IPC applies when a married woman is subjected to cruelty by her husband or his relatives. However, the key factor is that the woman must still be married to the man when the alleged cruelty occurs.
Step 2 (Analyze the timeline).
In this case, Ashima had already divorced Ashwin in November 2020. The cruelty she claims occurred after the divorce. Hence, legally, she is no longer under the protective umbrella of Section 498A for actions occurring post-divorce.
Step 3 (Eliminate other options).
- Option (A) refers to general cruelty, but the law specifically requires the individual to be the woman’s husband at the time.
- Option (B) is irrelevant since Ashwin is not her husband after the divorce.
- Option (C) refers to Ashwin’s emotional distress, but cruelty under Section 498A is defined by the conduct of the husband, not his emotional state.
Step 4 (Conclusion).
Since Ashima and Ashwin are no longer married, Ashima’s claim under Section 498A will not be applicable.
\[ \boxed{\text{No, since she is no longer married to Ashwin (Option D)}} \]
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Approach Solution -2

Section 498A protects a woman from cruelty committed by her husband or his relatives, and it presumes a marital relationship exists at the time of the alleged cruelty. Ashima had already been granted a divorce in November 2020 before Ashwin's later cruel treatment. Let's look at each option.

  1. "Yes, since Ashwin has, as we are told, treated her cruelly": This treats cruelty on its own as enough to trigger the section. But cruelty alone is not sufficient, the provision applies specifically to cruelty by a husband or his relatives toward his wife. Once the marriage has ended, Ashwin no longer occupies that role, so cruelty by him afterward is not automatically covered.
  2. "Yes, since Ashwin has been her husband": This relies on Ashwin's past status as her husband. But the provision is concerned with the relationship at the time of the cruelty, not at some earlier point. Having once been her husband does not extend the section's protection to conduct occurring after the marriage has legally ended.
  3. "No, since Ashwin was understandably upset at Ashima's behaviour": This suggests Ashwin's emotional state excuses or explains away his cruelty. Nothing in the provision turns on whether the man had an emotional justification for his behaviour, his motive does not change whether the section applies to him at all.
  4. "No, since she is no longer married to Ashwin": This correctly identifies that the divorce, finalised in November 2020, ended the marital relationship before the cruel treatment described took place. Since Section 498A is triggered by conduct of a husband or his relatives toward his wife, and Ashwin is no longer her husband, his later conduct falls outside what the section covers.

What determines the outcome is the marital status at the time of the conduct, and that status had already ended.

Therefore, the correct answer is No, since she is no longer married to Ashwin.

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Question: 4

Assume that the government passes a new law in January 2021, called the Protection of Rights of Married Women Act, 2021 (the “PoMWA”), according to which, asking a married woman to take care of household chores would be an offence. The PoMWA also provides that if a man commits such an offence, he would have to pay compensation to the woman. The PoMWA even applies to actions that were committed any time in the three years prior to the new law coming into force, and even if the man and woman involved in the matter were no longer married. Upon hearing about this new law, Ashima once again alleges that Ashwin has committed an offence under Section 498A of the IPC, and claims compensation under the PoMWA for his actions. Is she right, and will she succeed?

Show Hint

The PoMWA extends protection even post-divorce and retroactively, but Section 498A applies only to married couples.
Updated On: Jul 14, 2026
  • Ashima is right about Ashwin committing an offence under Section 498A of the IPC, but she will not get compensation under the PoMWA.
  • Ashima will get compensation under the PoMWA, but she is not right about Ashwin committing an offence under Section 498A of the IPC.
  • Ashima will get compensation under the PoMWA, and she is also right about Ashwin committing an offence under Section 498A of the IPC.
  • Ashima will neither get compensation under the PoMWA, nor is she right about Ashwin committing an offence under Section 498A of the IPC.
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The Correct Option is B

Approach Solution - 1

Step 1 (Understand the PoMWA).
The PoMWA applies to actions that occurred within the three years prior to its passage, including actions after the couple is no longer married. Thus, Ashima can claim compensation under the PoMWA for Ashwin’s actions before January 2021.
Step 2 (Recall the definition of the offence under the PoMWA).
Under the PoMWA, asking a married woman to take care of household chores is now considered an offence, regardless of the relationship status. This means Ashima can claim compensation, even though she may no longer be married to Ashwin.
Step 3 (Review the applicability of Section 498A).
Section 498A of the IPC only applies to married couples or those who were married at the time of the offence. Since Ashima and Ashwin are no longer married, Ashwin’s actions do not qualify as an offence under Section 498A, despite being abusive or cruel.
Step 4 (Conclusion).
Ashima is eligible for compensation under the PoMWA, but her claim under Section 498A is not valid, since they are no longer married.
\[ \boxed{\text{Ashima will get compensation under the PoMWA, but she is not right about Ashwin committing an offence under Section 498A of the IPC (Option B)}} \]
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Approach Solution -2

Two separate legal questions are being asked here: whether Ashima can claim compensation under the new PoMWA, and whether Ashwin's earlier conduct amounts to an offence under Section 498A. Let's work through each option.

  1. "Ashima is right about Ashwin committing an offence under Section 498A of the IPC, but she will not get compensation under the PoMWA": This gets both halves backwards. Ashwin's conduct occurred after the divorce, when he was no longer her husband, so it cannot support a 498A claim. And the PoMWA is explicitly written to reach back three years and to cover situations where the parties are no longer married, so compensation under it should be available. This option states the opposite of both conclusions.
  2. "Ashima will get compensation under the PoMWA, but she is not right about Ashwin committing an offence under Section 498A of the IPC": The PoMWA's stated scope covers conduct in the three years before it came into force even where the man and woman are no longer married, and Ashwin's post-divorce conduct falls inside that window, so compensation should follow. At the same time, Section 498A still requires Ashwin to have been her husband when the conduct occurred, and by then he was not, so a 498A claim does not succeed. This option correctly separates the two.
  3. "Ashima will get compensation under the PoMWA, and she is also right about Ashwin committing an offence under Section 498A of the IPC": The PoMWA half of this is correct, but pairing it with a 498A claim succeeding is not, since Ashwin was already divorced from Ashima when the conduct occurred, and 498A's requirement of a subsisting husband relationship is not met.
  4. "Ashima will neither get compensation under the PoMWA, nor is she right about Ashwin committing an offence under Section 498A of the IPC": This denies the PoMWA claim as well, but the PoMWA was specifically drafted to reach conduct from up to three years earlier and to apply even between people no longer married, which is exactly Ashima and Ashwin's situation, so denying compensation under it does not fit the facts given.

Treating the two claims separately, one new statute reaching backward regardless of marital status, one older provision requiring an existing husband relationship, only one option keeps that distinction straight.

Therefore, the correct answer is Ashima will get compensation under the PoMWA, but she is not right about Ashwin committing an offence under Section 498A of the IPC.

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Question: 5

Assume that in March 2021, the government changes Section 498A of the IPC. The effect of this change is that asking a married woman to do household chores — even for their own family — by herself would be considered cruelty, and therefore, an offence under the Section. Some days after this change comes into effect, Shamita, Ashima’s friend at work, tells her that her husband has been forcing her to do all the household work by herself. Ashima tells Shamita that her husband’s actions would amount to an offence under Section 498A of the IPC, even though Ashima herself has been unsuccessful in having Ashwin convicted under that Section in the past. Is Ashima’s advice to Shamita correct?

Show Hint

Remember, legal amendments apply retroactively in cases where the action aligns with the new law. Shamita’s case qualifies for the new Section 498A.
Updated On: Jul 14, 2026
  • Yes, since Section 498A has now been changed, and Shamita’s husband’s actions would now be an offence under the changed Section 498A.
  • No, since Ashima has been unsuccessful in having Ashwin convicted under that Section in the past.
  • Yes, since the passing of the Protection of Married Women Act has resulted in Shamita’s husband’s actions being made illegal.
  • No, since Ashima is only Shamita’s friend, and only the married woman herself can file a complaint under Section 498A of the IPC.
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The Correct Option is A

Approach Solution - 1

Step 1 (Understand the change in Section 498A).
In March 2021, Section 498A was amended, expanding the definition of cruelty. The amendment now includes forcing a married woman to perform household chores even for her own family as an act of cruelty, making it an offence under the Section.
Step 2 (Application of the new law to Shamita’s situation).
Since Shamita’s husband is forcing her to do all household work, this falls under the new definition of cruelty as per the updated Section 498A, making it an offence.
Step 3 (Ashima’s past unsuccessful attempt).
Although Ashima was unsuccessful in having Ashwin convicted under Section 498A in the past, this does not affect Shamita’s case under the new law. The previous case is irrelevant because the law has changed.
Step 4 (Conclusion).
Ashima’s advice to Shamita is correct. Shamita’s husband’s actions are now considered an offence under the updated Section 498A.
\[ \boxed{\text{Yes, since Section 498A has now been changed, and Shamita’s husband’s actions would now be an offence under the changed Section 498A. (Option A)}} \]
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Approach Solution -2

In March 2021, Section 498A was amended so that forcing a married woman to do household chores by herself, even just for her own family, now counts as cruelty and is an offence. Shamita's husband is doing exactly that after the amendment took effect. Let's go through the options.

  1. "Yes, since Section 498A has now been changed, and Shamita's husband's actions would now be an offence under the changed Section 498A": This applies the amended provision correctly. After the March 2021 change, being forced to single-handedly do all the household work, even for one's own family, is enough to constitute cruelty. Shamita's husband is forcing her to do exactly this, after the amendment came into effect, so his conduct is now covered.
  2. "No, since Ashima has been unsuccessful in having Ashwin convicted under that Section in the past": Ashima's own earlier case was decided under the law as it stood before the March 2021 amendment, when household chores for one's own family were not enough to count as cruelty. Shamita's situation arises after the law changed, so Ashima's past outcome under the old rule has no bearing on what applies to Shamita now.
  3. "Yes, since the passing of the Protection of Married Women Act has resulted in Shamita's husband's actions being made illegal": This reaches the right outcome but cites the wrong law. It is the amendment to Section 498A of the IPC itself, not the separately described Protection of Rights of Married Women Act (PoMWA), that redefines cruelty to cover being forced to do all the chores alone. Attributing this change to the wrong statute makes the reasoning incorrect even though the conclusion happens to match.
  4. "No, since Ashima is only Shamita's friend, and only the married woman herself can file a complaint under Section 498A of the IPC": This confuses giving advice with filing a complaint. Ashima is simply telling Shamita what the law now says, she is not the one filing anything on Shamita's behalf. Whether only the affected woman can file a complaint has no bearing on whether the advice itself, about how the amended section applies to Shamita's situation, is correct.

Once the amendment is applied to Shamita's actual facts, being forced to do all the household work by herself for her own family, her husband's conduct fits squarely within the new, broader definition of cruelty.

Therefore, the correct answer is Yes, since Section 498A has now been changed, and Shamita's husband's actions would now be an offence under the changed Section 498A.

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