Police complaint should be filed wherein offence has been committed

2) if part of cause of action has occurred wherein wife is Presley residing the complaint can be filed at said place

3) if Police refuse to register FIR file complaint before magistrate under section 156 (3) cr pc to direct Police to investigate and submit report

See the facts of the case need to be persued if cruelty continued and there is evidence to show that there was cruelty from husband side like he came to your house after separation there was regular telephonic abuse then it can be said to be continued offemce.

The judgement of SC is precedent for fact above.the judgement of high court but it depends upon case to case. Further rajasthan high court in jagdish chandra case held that since the wife was forced to go act house of parents on regular threats for dowry money and cruelty by husband and she was asked not to return till she gets the money so in this scenario the rajsthan high court held it as continued offence.

So it depends upon case to case. See if you dont have anything to support that husband at home of wife regularly given her mental torture and there was a part of cause of action there also it would be better to file with the jurisdictional police station where husband resides because jurisdiction can lead to unnecessary proceedings.

And further kindly analyse the facts you have got good case the jurisdiction shall raise legal hassels only and it will delay proceedings so it's better to analyse the fact and file before the appropriate court where cause of action has arises if there is any cause of action at your place you can file it there.

Also if any difficulty in going at husband's jurisdiction then the case may be trasferred to your jurisdiction but at this point of time it is necessary to file at appropriate jurisdiction

Meaning of Cruelty:

It was held in ‘Kaliyaperumal vs. State of Tamil Nadu[5]’, that cruelty is a common essential in offences under both the sections 304B and 498A of IPC. The two sections are not mutually inclusive but both are distinct offences and persons acquitted under section 304B for the offence of dowry death can be convicted for an offence under sec.498A of IPC. The meaning of cruelty is given in explanation to section 498A. Section 304B does not contain its meaning but the meaning of cruelty or harassment as given in section 498-A applies in section 304-B as well. Under section 498-A of IPC cruelty by itself amounts to an offence whereas under section 304-B the offence is of dowry death and the death must have occurred during the course of seven years of marriage. But no such period is mentioned in section 498-A.

In the case of ‘Inder Raj Malik vs. Sunita Malik[6]’ , it was held that the word ‘cruelty’ is defined in the explanation which inter alia says that harassment of a woman with a view to coerce her or any related persons to meet any unlawful demand for any property or any valuable security is cruelty.

Kinds of cruelty covered under this section includes following:

(a) Cruelty by vexatious litigation

(b) Cruelty by deprivation and wasteful habits

(c) Cruelty by persistent demand

(d) Cruelty by extra-marital relations

(e) Harassment for non-dowry demand

(f) Cruelty by non-acceptance of baby girl

(g) Cruelty by false attacks on chastity

(h) Taking away children

The presumption of cruelty within the meaning of section 113-A, Evidence Act,1872 also arose making the husband guilty of abetment of suicide within the meaning of section 306 where the husband had illicit relationship with another woman and used to beat his wife making it a persistent cruelty within the meaning of Explanation (a) of section 498-A.

But in your case wife is separated from husband an year ago, so 498a will be not applicable. she should live in matrimonial house.

cruelty is continuing offence but you have to show in your application where you are residing there also cruelty upon you by your husband. File application under section 156(3) crpc before illaqa magistrate but you have to show that your husband demanded there(where you are currently residing) also

No, it not a continuing offence.

1. The opinion varies from time to time and Judge to Judge and it is s debatable issue.

2. One section or people says that the cruelty continues from the husband's place to the wife's parental place and others section says it is a criminal case and the crime can not continue to take place in other place where the perpetrator of the crime is absent.

3. However, you can send the complaint letter to the police station where your husband stays under copy to the concerned DC/SP by speed post and collect the delivery report from the net after 3/4 days.

4. If police refuses to register any FIR against him, you can file a Writ Petition before the High Court against police inaction praying for an order upon the police to register FIR, investigate and act based on your said complaint.

5. However, make sure that FIR u/s 494 is registered against him at the place where you are staying which, if proved, will send him behind the bars.

Offence under Section 498A is a continuing offence and the offence can be registered only where the cause of action has arisen. if the cause of action has arosen where the wife is currently residing, it can be filed at that place also.

also, after the guidelines issued by the supreme court, every 498A case is to be first reffered to a family welfare committee formed in every district and every complaint received by the police under section 498A is to be referred to them first. most probably your matter has also been referred to such committee. until a report is made by the committee, no member of the family can be arrested.

Further if the police has refused to file an FIR and you can prove that the part of offence has been committeed at the place where your sister is staying, file an complaint under section 156(3) before the local magistrate.

Firstly, cruelity may take into account of continuing offence depending upon the time gap of the acts.

Secondly, yes it is very true that 498a case now been only register after an inquiry of a committee submitting their report to the police.

Thirdly, but yes, he has gone as he has married also without taking divorce though he would try to advantage of the loop hole in this section by proving that he is in adultery which may be the ground of divorce but not for bigamy.

You have been running from pillar to post and looking for various judgements to favor your situation.

The fact is that you are not acting according to the practical situation.

If the local police is not cooperating you could have approached the higher police officer for intervention or judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the police for initiating proper legal action.

There is no use in tlking to the reluctant police to help you based on the citations.

They will not listen to you neither they will be bound by the judgments of some other cases to take it as reference.

The citations will be useful only during trial proceedings in court and not elsewhere, the police will talk only law and would go by law and not by citation.

It is the court which is bound to pass judgments based on settled cases if they are found to be applicable.

At least now you think practically and follow up your case as per law instead of wasting your time on unnecessary things.

If the police states that this do not come under their jurisdiction, you cannot force them neither they will oblige, the next remedy is to approach court of law.