SUSHILA Vs. STATE

JUDGEMENT

(1.) Counsel for the petitioner submits that jurisdiction has been denied by learned revisional court on the ground that the cause of action arose in Mumbai, whereas Hon'ble Apex Court in Rupali Devi Vs. State of Uttar Pradesh & Ors., reported in 2019 Cr. L.R. (SC) 429 has held that a woman has access to the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members. The relevant para of the judgment is quoted as follows :-

(2.) The precedent law relied upon by counsel for the petitioner is covering the issue as Hon'ble Apex Court in Rupali Devi (supra) has held that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home have jurisdiction to entertain a complaint.

(3.) Thus, in light of aforesaid precedent law, the impugned order dtd. 30/3/2010 is quashed and set aside and the order dtd. 22/1/2009 passed in Criminal Regular Case No.137/08 (State Vs. Rajesh Kumar & Ors.) is restored.