RUPALI DEVI versus STATE OF UTTAR PRADESH & ORS.

RUPALI DEVI versus STATE OF UTTAR PRADESH & ORS.

Where the consequences of cruelty committed in the matrimonial home result in adverse effects (including continuing mental cruelty) at the parental home, those consequences amount to distinct offences at the parental home within the meaning of Section 179 Cr.P.C.; therefore, depending on the factual situation,...

Source-derived case information.

Parties
Appellant: Rupali Devi; Respondent: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
09 April 2019
Procedural Posture
Criminal Appeal / Disposed
Outcome
Appeals disposed of
Legal Topics
Jurisdiction, Cruelty Under S.498 a IPC, Continuing Offence, Domestic Violence
Criminal Law Family Law Evidence Jurisdiction Cruelty Under S.498 a IPC Continuing Offence Domestic Violence

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Parties

Rupali Devi

Appellant

State of Uttar Pradesh & Ors.

Respondent

Procedural Posture

Criminal Appeal / Disposed

Legal Issues

  1. 1 Whether courts in the local area where a wife takes shelter after leaving the matrimonial home have jurisdiction to entertain a complaint under Section 498A IPC when the cruelty occurred in the matrimonial home and no overt acts are alleged at the parental home
  2. 2 Whether Section 179 Cr.P.C. applies where consequences of cruelty at the matrimonial home occasion offences at the parental home
  3. 3 Meaning and scope of "cruelty" under Section 498A IPC, including mental cruelty and its continuing effects

Ratio Decidendi

Where the consequences of cruelty committed in the matrimonial home result in adverse effects (including continuing mental cruelty) at the parental home, those consequences amount to distinct offences at the parental home within the meaning of Section 179 Cr.P.C.; therefore, depending on the factual situation, courts at the place where the wife takes shelter may have jurisdiction to entertain complaints under Section 498A IPC.

Court Disposition

Appeals disposed of

Orders

  • All the appeals are disposed of in terms of the judgment.