A complaint under Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita, 2023) regarding cruelty to a married woman can be filed in multiple jurisdictions, based on where the offence occurred or where the wife is residing after leaving her matrimonial home. [1, 2, 3] 
Key jurisdictions for filing a 498A complaint include:

• Matrimonial Home: The place where the husband and wife last resided together.
• Place of Cruelty: The location where the actual acts of physical or mental harassment occurred.
• Place of Temporary/Permanent Shelter: According to the landmark Supreme Court decision in Rupali Devi v. State of U.P. (2019), the court at the place where the wife takes shelter after leaving her matrimonial home (such as her parental home or temporary residence) due to cruelty has the jurisdiction to entertain the complaint. [1, 3, 4, 5, 6] 


Key Points on Jurisdiction:

• Continuing Offence: Cruelty under 498A is considered a “continuing offence,” meaning that if the mental or emotional trauma persists, the place where the wife is currently living (her new place of refuge) has jurisdiction, even if no physical acts occurred there.
• Wife-Centric Approach: The law is interpreted to allow women to file cases from their place of shelter to ensure they are not legally restrained by geographical limitations, as per Supreme Court rulings.
• Quashing FIR: If no cause of action—not even a part of it—arose within the jurisdiction where the complaint is filed (e.g., if a wife files a complaint in a city she never lived in, and where no abuse occurred), the FIR can be challenged and quashed under Section 482 of the CrPC.
• NRI Cases: Indian courts maintain jurisdiction if the complaint is filed in India, regardless of the husband or in-laws residing abroad. [3, 4, 7, 8, 9] 

In summary, the most relevant jurisdiction is the place where the woman resides after being driven out of her matrimonial home, in addition to the location where the actual cruelty was committed. [2] 

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[1] https://www.livelaw.in/supreme-court/courts-where-wife-takes-shelter-after-leaving-matrimonial-home-due-to-cruelty-can-entertain-section-498a-ipc-complaint-supreme-court-242705
[2] https://www.indianfamilylawyers.com/498a/landmark-judgments-on-section-498a-ipc
[3] https://www.casemine.com/commentary/in/expanding-jurisdiction-under-section-498a:-supreme-court’s-landmark-decision-in-rupan-devi-v.-state-of-uttar-pradesh/view
[4] https://www.kaanoon.com/264009/place-for-filing-498a-and-406
[5] https://supremetoday.ai/issue/where-to-file-fir-under-section-498a-ipc:-jurisdiction-guide
[6] https://supremetoday.ai/issue/498a-ipc-trial-jurisdiction:-where-cases-are-heard
[7] https://supremetoday.ai/issue/section-498a:-territorial-jurisdiction-guide
[8] https://www.shoneekapoor.com/legal-news/where-wife-takes-shelter-after-separation/
[9] https://sheokandlegal.com/articles/understanding-section-498a-for-nris-legal-implications-and-safeguards/

498A Lawyers Chandigarh Panchkula Mohali