SC gives relief to women thrown out of home

New Delhi: In a significant ruling for the protection of women, the Supreme Court on Tuesday held that a woman driven out of her matrimonial home can file a complaint of cruelty and dowry harassment at the place where she has taken shelter, not necessarily at the home of her parents or where the cruelty was complained off.

A three-judge Bench of Chief Justice Ranjan Gogoi and Justices L. Nageswara Rao and Sanjay Kishan Kaul gave this ruling while answering a reference from a two-judge bench which differed on the jurisdiction of courts to entertain the complaint. While one bench took the view that the victim can move the court where her parental home was situated, the other bench said she could move the court where she takes shelter.

Writing the judgment in the case filed by Rupali Devi, the CJI said, “We hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, also have jurisdiction to entertain a complaint alleging commission of offences under section 498A of the Indian Penal Code.”

Clarifying the position, the CJI said that this court earlier took the view that the consequences of the offence under section 498A IPC (dowry harassment) have occurred at the parental home and, therefore, the court at that place would have jurisdiction to take cognizance of the offence.