Lawstreet Journal

Wife’s Right To File Complaint At Her Place Of Residence Under S. 498, After Leaving Matrimonial Home: Reaffirmed By SC [Read Order]

Lawstreet Journal 15 Jan 2020 5:31pm

Image courtesy: Lawstreet Journal Judiciary Wife’s Right To File Complaint At Her Place Of Residence Under S. 498, After Leaving Matrimonial Home: Reaffirmed By SC [Read Order]

The Supreme Court on January 6, 2020 in the case of Ruhi v. Anees Ahmad and Ors. has reiterated again the well held principle that the Courts at the place where the wife resides after leaving the matrimonial home will have jurisdiction to entertain her complaint under Section 498 A of the Indian Penal Code, 1860 (IPC) which has provision for woman subjected to cruelty by husband or his relatives. 

A Division Bench comprising Justices L. Nageswara Rao and Hemant Gupta, was hearing the matter. 

Facts of the case are as following: 

Appellant of the present case had filed complaint in in the Ghaziabad police station (place of her parents). But it was transferred to the Delhi police station after she settled in Delhi and FIR was lodged in Delhi under Sections 498A, 406and 34 of the IPC and under Section 4 of the Dowry Prohibition Act, 1961. Respondent approached the High Court to quash the FIR. The HC refused to quash the FIR but came to conclusion that the place of occurrence of crime was Meerut and hence transferred the FIR from Delhi to Meerut, UP where the matrimonial home of the couple is situated. After that charge sheet was filed at Meerut. Aggrieved by the decision of HC appellant had approached the SC. 

Counsel appearing for the Appellant heavily relied on the judgement of the SC in the case of Rupali Devi v. State of Uttar Pradesh [2019 (5) SCC 384]. In that case the Court had held that it is not necessary that a… Continue Reading...


Tagged: 498A  
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