SC: Wife can file harassment case from anywhere
New Delhi:10.04.2019
Women can file matrimonial cases, including criminal matters pertaining to cruelty, from the place where they have taken shelter after leaving or being driven out of their matrimonial home, the Supreme Court said on Tuesday.
The apex court’s verdict came on an appeal filed by Rupali Devi against the Allahabad high court which dismissed her plea to file a dowry harassment case from her parents’ house.
The high court order held that cruelty punishable under Section 498A of the IPC is not a continuing offence, and thus cannot be investigated or punished in a jurisdiction outside the one in which the matrimonial house of the complainant is situated. A bench headed by Chief Justice Ranjan Gogoi said the impact on the mental health of the wife by “overt acts” by the husband or his relatives, mental stress and trauma of being driven away from the matrimonial home cannot be ignored. PTI
New Delhi:10.04.2019
Women can file matrimonial cases, including criminal matters pertaining to cruelty, from the place where they have taken shelter after leaving or being driven out of their matrimonial home, the Supreme Court said on Tuesday.
The apex court’s verdict came on an appeal filed by Rupali Devi against the Allahabad high court which dismissed her plea to file a dowry harassment case from her parents’ house.
The high court order held that cruelty punishable under Section 498A of the IPC is not a continuing offence, and thus cannot be investigated or punished in a jurisdiction outside the one in which the matrimonial house of the complainant is situated. A bench headed by Chief Justice Ranjan Gogoi said the impact on the mental health of the wife by “overt acts” by the husband or his relatives, mental stress and trauma of being driven away from the matrimonial home cannot be ignored. PTI
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