Driven out of matrimonial home, women can file case at place of their choice: SC
New Delhi, Apr 09: In a major ruling the Supreme Court has held that a woman driven out of her matrimonial home can file divorce and criminal proceedings at the place she is residing.
This comes as a major relief for women who suffer cruel treatment in their marriage. A woman who has fled her matrimonial home due to cruelty and seeks shelter in another place, can file for marital proceedings at the place she has sought shelter, the Supreme Court has held.
With this order, the court has settled a long debated question and ruled that a woman driven out of her matrimonial home because of cruelty can initiate criminal proceedings under Section 498 A of the Indian Penal Code at the place of her shelter or place of her parents' house where she resides.
In normal course, criminal proceedings could be initiated by an aggrieved at the place of occurrence of the offence. The Bench headed by Chief Justice Ranjan Gogoi ruled that as the wife if driven out her matrimonial home, she would have the liberty to initiate Section 498 A proceedings at the place of her shelter.