CRUELTY TO WIFE - COMPLAINT UNDER Sec. 498-A of I.P.C. CAN BE FILED EVEN IN THE PLACE OF SHELTER BY WIFE AND NOT NECESSARILY IN THE PLACE OF MATRIMONIAL HOME
"Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives of the husband and the wife leaves the matrimonial home and takes shelter in the parental home located at a different place, would the courts situated at the place of the parental home of the wife have jurisdiction to entertain the complaint under Section 498A, in a situation where no overt act of cruelty or harassment is alleged to have been committed by the husband at the parental home where the wife had taken shelter? YES...
In the case of "Rupali Devi vs. State of UP" , three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the above question and held as under:
"Mental cruelty borne out of physical cruelty or abusive and humiliating verbal exchanges would continue in the parental home even though there may not be any overt act of physical cruelty at such place. Thus, it held that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Indian Penal Code".
If anyone wants to have any clarification on this point, feel free to call me up on 9842197857.
