Right of wife to prosecute case U/S 498A of IPC v Territorial jurisdiction of court in offence U/S 498A of IPC

There is no dispute at the Bar that Section 498A is a continuing offence. Being unable to bear the alleged cruelty or 'torture, the wife has to go back to her parents place for shelter and in case, she is asked to prosecute her case under Section 498A, IPC, at her matrimonial place, in our opinion, it will amount to deprivation of right to prosecute the case as a deserted lady will not be able to prosecute the same properly. The learned counsel for the respondent has referred to the case of Satvinder Kaur v. State (Government of NCT of Delhi) and Anr., reported in (1999) 8 SCC 728. Although the facts of the above case are identical, the matter relates to investigation only and the Apex Court refused to interfere with investigation.

Gauhati High Court

Bina Dey And Ors. vs Pratibha Dey (Baidya) on 10 April, 2003

Equivalent citations: 2003 CriLJ 3618, I (2004) DMC 725, (2003) 3 GLR 16

Bench: P Agarwal
This Ratio is reiterated by Hon'ble Supreme Court in this case.Please this link: 

https://www.lawweb.in/2019/04/todays-supreme-court-judgment-on.html

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