Rajasthan High Court - Jodhpur
Smt.Sushila vs State And Ors on 11 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-387/2010]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 387/2010
Smt. Sushila
----Petitioner
Versus
State And Ors.
----Respondent
For Petitioner(s) : Mr. Sheetal Kumbhat
Ms. Khushboo Palasia
For Respondent(s) : Mr. Mukhityar Khan,PP
Mr. Amit Kumar &
Mr. Ashish Gehlot for
Mr. TC Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/05/2022
Counsel for the petitioner submits that jurisdiction has been
denied by learned revisional court on the ground that the cause of
action arose in Mumbai, whereas Hon`ble Apex Court in Rupali
Devi Vs. State of Uttar Pradesh & Ors., reported in 2019 Cr. L.R.
(SC) 429 has held that a woman has access to the legal process
within the jurisdiction of the courts where she is forced to take
shelter with the parents or other family members. The relevant
para of the judgment is quoted as follows :-
"15. The Protection of Women from Domestic Violence Act, as the
object behind its enactment would indicate, is to provide a civil
remedy to victims of domestic violence as against the remedy in
criminal law which is what is provided Under Section 498A of the
Indian Penal Code. The definition of the Domestic Violence in the
Protection of Women from Domestic Violence Act, 2005
contemplates harm or injuries that endanger the health, safety, life,
(Downloaded on 17/05/2022 at 08:17:52 PM)
(2 of 3) [CRLR-387/2010]
limb or well-being, whether mental or physical, as well as emotional
abuse. The said definition would certainly, for reasons stated above,
have a close connection with Explanation A & B to Section 498A,
Indian Penal Code which defines cruelty. The provisions contained in
Section 498A of the Indian Penal Code, undoubtedly, encompasses
both mental as well as the physical well-being of the wife. Even the
silence of the wife may have an underlying element of an emotional
distress and mental agony. Her sufferings at the parental home
though may be directly attributable to commission of acts of cruelty
by the husband at the matrimonial home would, undoubtedly, be the
consequences of the acts committed at the matrimonial home. Such
consequences, by itself, would amount to distinct offences committed
at the parental home where she has taken shelter. 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
498A at the parental home. The consequences of the cruelty
committed at the matrimonial home results in repeated offences
being committed at the parental home. This is the kind of offences
contemplated Under Section 179 Code of Criminal Procedure which
would squarely be applicable to the present case as an answer to the
question raised.
16. We, therefore, hold 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.
17. All the appeals are disposed of in terms of the above."
Counsel for the respondent submits that the respondent-
husband is a Navy personnel and his coming to Sangaria court
would be difficult, therefore, in the interest of justice jurisdiction
at Mumbai be maintained.
(Downloaded on 17/05/2022 at 08:17:52 PM)
(3 of 3) [CRLR-387/2010]
The precedent law relied upon by counsel for the petitioner is
covering the issue as Hon`ble Apex Court in Rupali Devi (supra)
has held that the courts at the place where the wife takes shelter
after leaving or driven away from the matrimonial home have
jurisdiction to entertain a complaint.
Thus, in light of aforesaid precedent law, the impugned order
dated 30.03.2010 is quashed and set aside and the order dated
22.01.2009 passed in Criminal Regular Case No.137/08 (State Vs.
Rajesh Kumar & Ors.) is restored.
(DR.PUSHPENDRA SINGH BHATI), J.
148-Sanjay/-
Powered by TCPDF (www.tcpdf.org)
