Orissa High Court Reiterates that a case can be filed at the location where the wife resides after leaving the matrimonial home due to cruelty.

The Orissa High Court has reaffirmed that a complaint under Section 498A of the Indian Penal Code may be brought at the residence of a woman who has left or been evicted from her matrimonial home due to cruelty.
The Court in observed in this Case that no party had challenged the facts, and their sole disagreement was over whether the action could be maintained due to a lack of territorial jurisdiction.
In this case, the High Court had determined that a court would also have jurisdiction to hear a complaint alleging the commission of crimes under Section 498-A if it is located near where the wife seeks shelter after being ejected from the matrimonial home or driven away due to acts of cruelty committed by the husband or his relatives.

This news is written by Mr. Manpreet Rathor, Research Assistant, All India Legal Forum.


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