The Orissa High Court has recently reiterated that a case under Section 498A of the Indian Penal Code can be filed at a place where a woman resides after leaving or being driven out of matrimonial home on account of cruelty.

In this case the petitioners (husband and in-laws of the complainant) approached the High Court with a prayer to quash the order passed against them for offence under Section 498A, IPC. They also sought to quash the pending criminal proceedings against them for allegedly meting out cruelty on the complainant.

It was submitted on behalf of the petitioners that all the allegations stated in the FIR had taken place at a far-off place which is outside the jurisdiction of the aforesaid Court. Therefore, it was argued that entertaining the FIR amounts to an abuse of process of Court for want of jurisdiction. They relied on the decisions of the Apex Court in Manish Ratan & others v. State of M.P. & Anr. and Manoj Kumar Sharma & Ors. v. State of Chhattisgarh & Anr. 

On the other side, the State relied upon the ruling of the Supreme Court in Rupali Devi v. State of Uttar Pradesh & Ors. to submit that since the allegation of torture on the petitioners at matrimonial home has a consequence of mental torture at the current place of residence of the victim, entertaining such FIR at the latter place cannot be considered to be without jurisdiction.

The Court noted that neither of the parties have disputed the facts and they only differ on the question of maintainability of the case for want of territorial jurisdiction. Thus, the Court highlighted the following finding of the Supreme Court in Rupali Devi (supra):

“The adverse effects on the mental health in the parental home though on account of the acts committed in the matrimonial home would, in our considered view, amount to commission of cruelty within the meaning of Section 498- A at the parental home. The consequences of the cruelty committed at the matrimonial home results in repeated offences being committed at the parental home.”

Therein, the top Court had concluded that Court at the place where the wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by the husband or his relatives would also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A.

Also, the allegation against the husband-petitioner for sending SMS to different girls for marriage proposal prima facie satisfied the Court that the complainant suffered mental torture and such mental torture can be well said to have taken place while she was residing in the parental home.

Accordingly, the Court dismissed the petition of the husband and the in-laws stating that casez can be filed at a place where wife resides after leaving matrimonial home on account of cruelty

Case Title: Smt. Geeta Tiwari & Anr. v. State of Orissa & Anr.