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Sec 498A IPC Complaints Can be Filed At Place Where Wife Seeks Shelter After Leaving Husband’s Home

Updated: Jan 3

In a recent decision by the Supreme Court, it was ruled that the place where a wife seeks shelter after leaving her husband’s home due to cruelty will have jurisdiction to entertain complaints under Section 498-A of the Indian Penal Code, based on the specific circumstances of the case. The ruling came during the hearing of a Special Leave Petition (SLP) against the judgment of the Sessions Judge in Bangalore, which had granted extraterritorial bail to an accused husband. The petitioner had approached the Apex Court arguing that the Courts at the place where the wife takes shelter after leaving her matrimonial home should have jurisdiction to entertain a complaint alleging commission of offenses under Section 498-A of the IPC.

The decision was based on a previous ruling in Rupali Devi v. State of U.P., (2019) 5 SCC 384, which clarified that the place where the wife resides after being separated from her husband due to acts of cruelty should be considered the ordinary place of trial.

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