Yes, a woman can file a criminal case for cruelty against her husband or his relatives even after leaving the matrimonial home. In India, if she has faced cruelty, harassment, physical abuse, mental torture, dowry-related harassment, or other unlawful treatment during the marriage, she may approach the police and file a complaint.
A case under Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced Section 498A of the Indian Penal Code) may apply in situations involving cruelty by a husband or his relatives. The complaint can generally be filed even after separation, provided the alleged acts of cruelty occurred during the marriage and the complaint is supported by relevant facts and evidence.
The woman may provide details such as dates of incidents, messages, medical records, witness statements, or other proof of harassment. The authorities will investigate the allegations and proceed according to law.
However, filing a false or fabricated complaint can have legal consequences, so complaints should be based on genuine incidents and accurate information. It is advisable to consult a lawyer to understand the appropriate legal remedy based on the specific facts of the case.
