Penal Code, 1860: s.498A – Jurisdiction – 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, the courts situated at the place of the parental home of the wife have jurisdiction to entertain the complaint under s.498A – Held: In the normal course, it is the court within whose local jurisdiction the offence is committed that would have the power and authority to take cognizance of the offence in question – Under s.179, Cr.P.C., if by reason of the consequences emanating from a criminal act, an offence is occasioned in another jurisdiction, the court in that jurisdiction would also be competent to take cognizance – What is to be really determined is whether the exception carved out by s.179 Cr.P.C. would have any application to confer jurisdiction in the courts situated in the local area where the parental house of the wife is located – The provisions contained in s.498A 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 amount to commission of cruelty within the meaning of s.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 s.179 Cr.P.C – Therefore, 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 s.498A – Code of Criminal Procedure, 1973 – ss.177, 178, 179 – Crime against women – Evidence Act, 1972 – s.113A..

Protection of Women from Domestic Violence Act, 2005 – Object behind its enactment – discussed. Words and phrases: Cruelty – Meaning of – Discussed.