Case Can Be Filed Where Wife Lives After Leaving Due to Cruelty: Orissa HC
The Orissa High Court has recently affirmed that a case under Section 498A of the Indian Penal Code (IPC) can be filed where a woman resides after leaving or being driven out of her matrimonial home due to cruelty.
In this particular case, the husband and in-laws of the complainant sought to quash the order against them under Section 498A, IPC. They argued that the allegations occurred in a distant location outside the jurisdiction of the court where the case was filed. They referenced previous Supreme Court decisions, including Manish Ratan v. State of M.P. and Manoj Kumar Sharma v. State of Chhattisgarh, to support their claim of jurisdictional abuse.
However, the State countered with the Supreme Court ruling in Rupali Devi v. State of Uttar Pradesh, arguing that mental torture experienced at the woman’s current residence due to cruelty at the matrimonial home provides grounds for jurisdiction. The Court noted that both parties agreed on the facts but differed on jurisdiction.
The Orissa High Court highlighted the Supreme Court’s findings in Rupali Devi, stating, “The adverse effects on mental health in the parental home due to acts committed in the matrimonial home amount to cruelty within the meaning of Section 498A at the parental home.”
The Court concluded that a complaint under Section 498A can be filed where the wife resides after leaving the matrimonial home due to cruelty. Additionally, allegations against the husband for sending marriage proposals to other women via SMS constituted mental torture, validating the complaint’s jurisdiction.
As a result, the Court dismissed the petition from the husband and in-laws, affirming that cases can be filed where the wife resides after leaving the matrimonial home due to cruelty.
Keywords: Orissa High Court, Section 498A IPC, cruelty, matrimonial home, wife’s residence, legal jurisdiction, mental torture, court ruling
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