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Supreme Court of India 2019-04-09 disposed

Rupali Devi vs State of Uttar Pradesh & Ors

Bench: 3 — Ranjan Gogoi

In Brief

This judgment addresses whether a woman can file a complaint under Section 498A IPC (cruelty by husband/relatives) in the district where she takes shelter at her parental home after being driven away from the matrimonial home due to cruelty, even if no overt act of cruelty occurs at the parental home. The Supreme Court held that mental trauma and psychological distress continuing as consequences of cruelty committed in the matrimonial home constitute distinct offences at the parental home. Courts at the shelter location therefore have jurisdiction under Section 179 Cr.P.C to entertain such complaints, as the consequences of the original cruelty result in repeated offences. The Court emphasised that protections introduced by the Criminal Laws (Second Amendment) Act, 1983 must be interpreted efficaciously to combat domestic violence.

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Domestic Violence Criminal Procedure Jurisdiction Cruelty Women's Rights Section 498A Continuing Offence

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