I fled my matrimonial home in Mumbai and am currently living in Delhi with my parents. The incidents of harassment all occurred in Mumbai. Can I file a criminal complaint for marital harassment from Delhi where I currently reside or must I necessarily return to Mumbai to file the complaint in Kolkata?
If you have relocated to a different city after leaving a harassing marriage, you may still be able to file your complaint through Kolkata's legal system, or alternatively, file in your current location, depending on jurisdictional rules that offer more flexibility than many people realise. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), for offences under Section 85 (formerly Section 498A IPC), courts have interpreted cruelty as a "continuing offence," which means jurisdiction can be established not just where the harassment originally occurred, meaning the matrimonial home in Kolkata, but potentially also in the place where you currently reside, since the mental effects of the cruelty continue to affect you wherever you are.
The Supreme Court's ruling in Rupali Devi v. State of Uttar Pradesh specifically clarified that a wife who has left the matrimonial home due to cruelty can file her complaint at her parental home or current place of residence, recognising that the continuing trauma of the cruelty travels with her, rather than requiring her to return to or file only in the city where the marriage was based. This means if you have relocated away from Kolkata, you are not necessarily bound to file your complaint there, and depending on your circumstances, filing closer to your current location may actually be more practical and less stressful.
Alternatively, if you prefer or have reasons to file specifically in Kolkata, where the marriage was based and where much of the evidence, witnesses, and documentation may be located, that option remains fully available to you as well, since the original location of the offence always retains jurisdiction. The choice between filing in Kolkata or your current city often comes down to practical considerations like where your evidence and witnesses are, and where you feel safest and most supported through the process.
Because jurisdiction questions in these cases benefit from strategic thinking about where your case will be strongest, it's worth discussing your specific circumstances before deciding where to file. Aapka Legal Advice can help you determine the most advantageous location for your complaint.
If you've relocated away from Kolkata after experiencing marital harassment, you have flexibility in where you can file your complaint. Consult experienced criminal lawyers in Kolkata about the best jurisdiction for your specific case.