Summary
Courts where a wife takes shelter after leaving or being driven from her matrimonial home because of cruelty may also have jurisdiction over a Section 498A complaint, depending on the facts. A fresh overt act at the sheltering place is not invariably necessary: continuing mental trauma and psychological distress attributable to the matrimonial cruelty can constitute its consequences there. The larger Bench grounded jurisdiction in Section 179 rather than treating the question simply as one of a continuing offence.
Issues
- Whether a court at the wife’s sheltering place could entertain a cruelty complaint without a fresh overt act there.
- Whether psychological consequences of matrimonial cruelty attracted Section 179.
Provisions considered
- Section 179, Code of Criminal Procedure, 1973Jurisdiction may lie where consequences of the offence ensue, including actionable mental cruelty suffered at the place of shelter. (¶¶ 7–10, 14–16)
- Section 498A and Explanation, Indian Penal Code, 1860Cruelty encompasses physical and mental harm; emotional consequences persisting after forced departure can constitute cruelty at the sheltering place. (¶ 11–16)
Held
- The ordinary territorial rule is subject to statutory exceptions. The referred issue concerned the consequences-based jurisdiction under Section 179, rather than Section 178(b) or (c). (¶ 6–10)
- Mental distress from physical abuse or humiliating exchanges may persist after a wife leaves the matrimonial home, including fear of returning. Cessation of physical acts or absence of a fresh physical act at her parents’ home does not by itself eliminate that mental cruelty. (¶ 14–15)
- Adverse mental-health effects at the sheltering place, attributable to cruelty at the matrimonial home, can supply the consequence contemplated by Section 179. Jurisdiction at that place remains dependent on the factual situation, rather than arising merely from any chosen residence. (¶ 15–16)
Result
Appeals disposed of on the reference ruling that courts where the wife takes shelter because of matrimonial cruelty may also entertain the Section 498A complaint, depending on the facts. No individual guilt determination made.