I fled my matrimonial home in Mumbai and am currently living in Delhi with my parents. The incidents of harassment all occurred in Mumbai. Can I file a criminal complaint for marital harassment from Delhi where I currently reside or must I necessarily return to Mumbai to file the complaint?
A complaint for marital harassment can be filed from a different city, giving women meaningful flexibility when they have relocated for safety or support after leaving a harmful situation. Under both Section 85/86 BNS and the DV Act, jurisdiction extends to where the complainant currently resides, not only where the marriage or harassment originally took place, meaning a complaint for marital harassment can be filed from a different city such as your parental home or wherever you have safely relocated.
This flexible jurisdictional approach recognises the practical reality that victims often need to move away from the harassment location before they can safely pursue legal action, and courts have consistently upheld this interpretation to avoid placing an additional burden on already vulnerable complainants. It is still useful to consult a local lawyer familiar with the specific court's practices in your current city.
For help filing correctly and efficiently from your current location, Aapka Legal Advice can guide you through the jurisdictional and procedural requirements. Our network of Top Criminal Lawyers in India and retired judges panel can assist wherever in India you are currently based.