MATRIMONIAL LAWYER: In matrimonial dispute; married women can now file a complaint anywhere - wherever she goes after leaving matrimonial home.- 09:00
Supreme Court of India
Justice Ranjan Gogoi (3 judges bench)
The problem faced by the married women is not uncommon when she is driven out from the matrimonial home by the husband and his family members, while choosing the court for filing the complaint under criminal offences; the divergence of opinion of different high courts have been put to rest by the Supreme Court.
The 3 judge bench of the apex court in the words of the chief Justice of India Justice Ranjan Gogoi titled as 'Rupali Devi Versus State of UP and Others' has held that married women can file a complaint for commission of criminal offences, inter alia, under Section 498 A IPC at any place where the married women goes after leaving the matrimonial home.
It was held that the cruelty meted out to the wife remains fresh in the mind of the wife after leaving matrimonial home and wherever the wife thinks about it. The consequences as envisaged in 179 CrPC of offence ensued at the place where the married lady takes refuge.
The exposition of law has now settled the basic issue of jurisdiction which goes to the root of the matter.