Jurisdiction Expanded to Include Offences of Cruelty and Rape in Matrimonial Cases, Allowing Joint Trial
In a significant judgment, the Delhi High Court has set aside an order by the Additional Sessions Judge (ASJ) in a case involving matrimonial cruelty and rape. The court expanded its jurisdiction to include both cruelty and rape allegations in matrimonial settings, allowing them to be tried together. The judgment was delivered by Justice Amit Mahajan in response to a petition filed by 'H', who alleged severe cruelty and rape by her in-laws.
The petitioner married Respondent No. 2 on January 20, 2020, and faced alleged abuse and cruelty at her matrimonial home in Jhajjar, Haryana. The FIR was registered in Delhi after she sought refuge with her parents. Despite serious allegations against her father-in-law and brother-in-law, the ASJ had discharged them due to lack of territorial jurisdiction, permitting prosecution in the appropriate court.
The High Court emphasized the interconnected nature of cruelty and rape within matrimonial homes, stating that such offences form part of the same transaction and should be tried together. The court referenced relevant provisions from the Indian Penal Code and the Code of Criminal Procedure, underscoring the legal basis for joint trials in cases where offences are part of a continuous series of acts.
Citing the Supreme Court judgment in Rupali Devi v. State of U.P., Justice Mahajan highlighted that jurisdiction extends to the place where the wife takes shelter after facing cruelty, as mental trauma continues even at the parental home. This principle was applied to the current case, granting jurisdiction to try offences of cruelty and rape concurrently.
The judgment also addressed procedural issues, directing the ASJ to reconsider the case afresh on its merits. The petitioner retains the right to pursue further investigation into allegations of bigamy against Respondent No. 2. The High Court clarified that its observations were strictly related to jurisdictional matters, not the merits of the allegations.
This ruling marks a pivotal moment in addressing the legal complexities of matrimonial offences, reinforcing the judiciary's commitment to ensuring justice for victims of domestic violence and sexual abuse.
Bottom Line:
Jurisdiction of courts in cases involving cruelty under Section 498A IPC and offences of rape - Offences of rape and cruelty in matrimonial cases can form part of the same transaction if they are connected by continuity of action, community of purpose, or design, and can be tried together in one court.
Statutory provision(s): Indian Penal Code, 1860 - Sections 498A, 376; Code of Criminal Procedure, 1973 - Sections 177, 178, 179, 220, 184, 482; Dowry Prohibition Act, 1961 - Sections 3, 4
H v. State Govt of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2825443
