It would be necessary at this stage to consider the decision in the case of Rupali Devi Vs. State of Uttar Pradesh (supra). It is true that issue involved before the Apex Court was with regard to the jurisdiction of criminal Court to entertain the criminal case under Section 498-A of the Indian Penal Code. The Hon'ble Apex Court in para 15 of this decision has considered the close nexus between the cruelty as defined under Section 498-A of the Indian Penal Code and the acts of the domestic violence as defined under the D.V. Act. In my view, it would be appropriate to reproduce para No. 15 of this decision. It reads thus:-
"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 498-A of the Penal Code. The definition of "domestic violence" in the Protection of Women from Domestic Violence Act, 2005 contemplates harm or injuries that endanger the health, safety, life, 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 Explanations (a) & (b) to Section 498-A of the Penal Code which define "cruelty". The provisions contained in Section 498-A of the Penal Code, undoubtedly, encompass 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 498-A 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 CrPC which would squarely be applicable to the present case as an answer to the question raised." {Para 12}
13. The Hon'ble Apex Court has observed that sufferings of the wife at parental home though may not be directly attributable to commission of acts of cruelty by the husband at matrimonial home but the same would undoubtedly be the consequences of the acts committed at the matrimonial home. It is observed that such consequences, by itself, would amount to distinct offences committed at parental home where she has taken shelter. It is further observed that adverse effects on the mental health in the parental home though on account of acts committed in the matrimonial home would amount to commission of cruelty.
14. In my view, by drawing the analogy from these observations, it has to be held that apart from the express provisions of Section 27, in my view, the consequence of trauma, suffering and distress carried by the complainant to her parental home would be sufficient to reject the submissions advanced by relying upon Section 1 of the D.V. Act. It is further pertinent to note that the reliance on subsection 2 of Section 27 is totally misplaced inasmuch as the question of execution of order would arise depending upon the nature of the order. Therefore, relying on subsection 2 of Section 27, the issue of jurisdiction cannot be answered in favour of the respondent No. 1.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Criminal Application (APL) No. 1576 of 2022
Decided On: 29.03.2023
Sumeet Vs. Himani
Hon'ble Judges/Coram:
G.A. Sanap, J.
Citation: MANU/MH/1944/2023.
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