April 9, 2019
New Delhi: A woman, who is forced to leave her matrimonial home, can file a case against her estranged husband and in-laws at the place where she resides thereafter, the Supreme Court ruled on Tuesday.
The apex court 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, from any place she was residing in — be it a temporary arrangement or from the residence of her parents.
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.
A bench headed by Chief Justice Ranjan Gogoi said that a woman, who is forcefully moved out of her matrimonial home, has the liberty to lodge a complaint under 498A and initiate proceedings from the place where she sought shelter.
IANS
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