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S 498 A IPC
           BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

                                                                                                                 

 

SUMIRAN ROY V/S STATE OF M.P. 2000(1) M.P.H.T.7 (NOC)

The offence under section 498 A IPC may be a continuing offence. where because of continuing cruelty, the wife is compelled to leave her husband's house and is forced to live  at the place of her parents .  In that situation, the court within whose jurisdiction the house of her parents is situated, has also territorial jurisdiction to try the offence with the aid of section 178 [C] C. RPC

BALDEV KRISHAN V / S STATE OF PUNJAB 1997 SCC [CRI] 575

The humiliating remarks as regards the poor quality of giftsof meagre value given at the time of marriage amounts to harassment on account of insufficient dowry

BHAGWAN SINGH V / S SUNITA &OTHERS 1995 J.L.J. 596

 Offence under this section does not speak only "PHYSICAL assaults" made to the wife by her in-laws.  The expression "cruelty" means the harassment of a woman with a view to coercing her or any person, to meet any unlawful demand for any property or valuable security . The wife  having been left at her parents house by the accused persons either with the object to meet the demand of dowry or because of the wife's failure to meet the said demand, in both the cases that act of the accused  persons comes within the mischief of cruelty and in both the situations and harassment continues.

Once it is established that the harassment continues at the place of residence of her father where the complaint is residing at the time of the filing of the complaint the offence is a continuing offence therefore it may be inquired into or tried by a court having jurisdiction over any of such local area 

 

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Last modified: April 11, 2001