The Orissa High Court recently confirmed that a case under Section 498A of the Indian Penal Code (IPC) can be filed at the place where a woman lives after leaving her matrimonial home due to cruelty. This judgment came after the petitioners, including the husband and in-laws of the complainant, approached the High Court seeking to quash the charges of cruelty against them.
Background of the Case:
The petitioners argued that all the alleged incidents of cruelty occurred outside the jurisdiction of the court where the case was filed, claiming that entertaining the FIR was an abuse of the judicial process. They relied on earlier judgments from the Supreme Court, including Manish Ratan v. State of M.P. and Manoj Kumar Sharma v. State of Chhattisgarh.
On the other hand, the State, referencing the Supreme Court’s ruling in Rupali Devi v. State of Uttar Pradesh, argued that the mental anguish experienced by the victim in her current place of residence could be linked to the cruelty faced in her matrimonial home. Therefore, filing the case where she resides was valid.
Court’s Ruling:
The High Court agreed with the State’s argument and cited the Rupali Devi case. The Supreme Court had previously ruled that cruelty inflicted at the matrimonial home could result in ongoing mental torture at the wife’s parental home. This mental torture, in turn, would amount to continued cruelty under Section 498A, allowing the case to be filed where the wife currently resides.
The court also noted that the husband’s actions, including sending inappropriate messages to other women, contributed to the mental torture experienced by the complainant. As a result, the court upheld the filing of the case at the wife’s place of residence and dismissed the petition by the husband and in-laws.
Conclusion:
The Orissa High Court’s ruling emphasizes that cases of cruelty can be filed where the wife currently resides after leaving her matrimonial home due to abuse. This decision reinforces the protection of women under Section 498A, ensuring that they can seek justice without jurisdictional barriers.
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