SC on 498A says wife can file a case where she resides

Section 498A: The concept of cause of action is said to be meaningless for the jurisdiction: SC has given the right that the wife can file a case in the jurisdiction where she resides [read order]

Supreme Court Judgement on 498A

The Supreme Court has admitted that the wife can also file a case where she is staying. It has set aside the order of the High Court which held that in the absence of a cause of action at that place, the wife could not invoke the jurisdiction of the court.

A bench of Justice Gupta and Justice Bose passed the order on 13.09.2019 in the case recorded as Preeti Kumari v. State of Bihar.

The Supreme Court noted as a legal dispute "In this case, the main dispute is whether the appellant-wife can file a complaint under Section 498A, IPC at the place where she was residing. The High Court considered That no cause of action has arisen. Where was she staying ".

It has covered its earlier decision as "Rupali Devi v. State of U.P. and Ors. [(2019) 5 SCC 3] 4]".

Ultimately, the Supreme Court deferred the order stating that "in view of the above, criminal appeals are allowed and the decision of the High Court is different".