New Delhi: The Supreme Court said Tuesday that a woman driven out of her matrimonial home can file a criminal case against her estranged spouse and in-laws from the place where she has taken shelter. It could be the residence of her parents or any other temporary arrangement she has made.
A bench headed by Chief Justice Ranjan Gogoi delivered an important judgment with regard to territorial jurisdiction of a place where a married woman can file cases against her estranged husband and in-laws after being subjected to dowry harassment and cruelty.
The bench said besides the place where a woman was living before and after marriage, the place of shelter will also have territorial jurisdiction for filing matrimonial cases. The apex court verdict came on a plea filed by one Rupali Devi of Uttar Pradesh.
The apex court also said that the woman who is forced to leave her in-laws home due to commission of cruelty on her is allowed to initiate criminal proceedings under Section 498A of IPC.
This SC judgement settled a debate on the issue regarding the place of filing of the case under the above section. Earlier, criminal proceedings could only be initiated by complainant from the place where the offence occurred.
Agencies
