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Supreme Court judgement; woman can file dowry case at place of shelter

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In an important judgement that the Supreme Court of India passed on Tuesday,April 9, 2019, said that a woman, who has been driven out of her matrimonial home, can file a criminal case against her estranged spouse and in-laws at a place where she has taken shelter, under section 498A of IPC.

The bench was headed by Chief Justice Ranjan Gogoi and the decision is already being viewed as a critical judgment with regard to territorial jurisdiction of a place where a married woman can file cases against her estranged husband and in-laws after being subjected to dowry harassment and cruelty.

The bench said besides the place where a woman was living before and after marriage, the place of shelter will also have territorial jurisdiction for filing matrimonial cases.

The plea was filed by a lady in Uttar Pradesh called, Rupali Devi. In the context, the Supreme Court said that the territory or location of the woman should not stop her from filing a criminal case against her estranged spouse and in-laws.

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