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Supreme Court of India 2019-07-23 allowed

Nitika vs Yadwinder Singh and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Nitika, a domestic violence victim, filed an FIR under IPC Section 498A at Nalagarh (her parental home) after suffering cruelty at her matrimonial home in Jalandhar. The High Court quashed the FIR, holding Nalagarh police lacked jurisdiction since the cruelty occurred in Jalandhar. The Supreme Court allowed the appeal, holding that courts where a wife takes shelter after fleeing matrimonial cruelty have jurisdiction to entertain Section 498A complaints. The mental trauma from matrimonial cruelty continues at the parental home, constituting repeated offences there, bringing such cases within local jurisdiction."

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Criminal Law Domestic Violence Jurisdiction IPC Section 498A Criminal Procedure

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