The Supreme Court on Tuesday held that a woman, who had fled the cruelty of her marital home, can file a case of dowry harassment under Section 498 IPC against her husband and in-laws at the place where she is currently sheltered. In a judgment further expanding the jurisdiction of courts to provide relief to victims of dowry harassment, a Bench led by Chief Justice of India Ranjan Gogoi relaxed the rigours of the Code of Criminal Procedure (CrPC). Section 177 of the Code mandates that criminal cases can be filed and tried only in courts within whose jurisdiction the crime occurred. The consequences of the cruelty committed at the matrimonial home results in repeated offences being committed at the parental home,” the court interpreted. With this judgment, the apex court has established that cruelty under Section 498A is a continuing offence, considering the facts and circumstances of each case.
Source: The Hindu April 09, 2019 17:03 UTC