Orissa High Court: Woman Can File Cruelty Case From Her Current Residence
The Orissa High Court recently ruled that a woman can file a cruelty case under Section 498A of the Indian Penal Code (IPC) from the place where she currently resides, after leaving or being forced out of her matrimonial home due to abuse.
Case Background
In the case titled Smt. Geeta Tiwari & Anr. v. State of Orissa & Anr., the husband and his family had approached the court to cancel the FIR and criminal proceedings filed against them under Section 498A IPC, claiming that the allegations were related to incidents that occurred in a different location, outside the court’s jurisdiction.
They argued that the FIR should not be entertained by the court since the alleged events did not take place within the local area of that court. They relied on previous Supreme Court judgments including Manish Ratan v. State of M.P. and Manoj Kumar Sharma v. State of Chhattisgarh to support their case.
Court’s View
However, the State cited the Supreme Court’s ruling in Rupali Devi v. State of Uttar Pradesh to show that mental torture caused by acts committed at the matrimonial home can have continuing effects at the woman’s current place of residence. Therefore, a case filed there is valid and within legal jurisdiction.
The Orissa High Court noted that the facts were not in dispute, and the only issue was whether the current court had jurisdiction. The Court emphasized a key point from the Rupali Devi case:
“Mental cruelty experienced at the parental home due to abuse suffered at the matrimonial home is still considered cruelty under Section 498A IPC. Therefore, the place where the woman now lives also has jurisdiction to entertain the case.”
The Court also noted that the husband had allegedly sent messages to other girls proposing marriage, which added to the complainant’s mental stress while she was living in her parental home.
Final Decision
The High Court dismissed the petition by the husband and his family and confirmed that a cruelty case can be filed from the place where the wife currently resides, if she left the matrimonial home due to abuse.
This judgment reinforces a woman’s right to seek justice without being restricted by location and acknowledges the continued emotional impact of cruelty even after she leaves the matrimonial home.
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