The Kerala High Court has ruled that a delay in lodging a complaint under Section 498A of the Indian Penal Code (IPC) is not fatal to the prosecution’s case. The Court observed that a wife is not expected to “rush to the police station” at the first instance of cruelty, recognizing that victims often endure harassment in the hope of reconciliation and to safeguard the future of their children.

Justice M.B. Snehalatha dismissed the revision petition filed by the husband, confirming his conviction and clarifying the legal position on “delayed complaints” and “independent witnesses” in matrimonial cruelty cases.

The “Delay” Argument

In the case of Tomon v. State of Kerala , the revision petitioner (husband) challenged his conviction primarily on the ground of delay. The defence pointed

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