Court at place where complainant woman resides can take up Dowry Act cases, rules Kerala HC
The bench of Justice G Gireesh issued the ruling in a petition filed by a 34-year-old woman from Mavelikkara, challenging the decision of the judicial first class magistrate court-I, Mavelikkara, which had returned her complaint on the ground of lack of territorial jurisdiction, as the alleged incident occurred elsewhere.
The petitioner, an estranged wife, had filed a complaint before the JFMC alleging that her in-laws demanded and accepted dowry in the form of gold ornaments at her husband's family house in Thiruvalla, in connection with her marriage.
Initially, the JFMC recorded her sworn statement and proceeded with the complaint. However, her in-laws challenged the maintainability of the complaint on the ground of territorial jurisdiction, following which the magistrate returned the complaint.
This prompted the petitioner to approach HC.
Upon reviewing the case, the court held that if the victim of an offence under the Dowry Prohibition Act suffers mental trauma due to the offence at a place where she temporarily resides, the court having jurisdiction over that place is competent to entertain the complaint and proceed with an enquiry and trial. This is in view of the provisions contained in Section 199 of BNSS. Accordingly, HC directed JFMC, Mavelikkara, to accept the complaint and proceed with the inquiry and trial.
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