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april 2019

Supreme Court of India · 2019-04-09

Mahendra Prasad Mehta vs The State Of Bihar

Citation / case number
AIR 2019 SUPREME COURT 1790
Court
Supreme Court of India
Petitioner
Mahendra Prasad Mehta
Respondent
The State Of Bihar
Author
Ranjan Gogoi
Bench
Sanjay Kishan Kaul, L. Nageswara Rao, Ranjan Gogoi

Judgment text excerpt

The Supreme Court referred the question of jurisdiction under Section 498A IPC for consideration by a larger bench, noting a division in opinions regarding whether a woman can initiate proceedings in the jurisdiction of her parental home after leaving her matrimonial home due to cruelty. The court highlighted conflicting views from previous judgments, particularly regarding the necessity of ongoing acts of cruelty at the parental home for jurisdiction to be established. The reference was made to resolve the ambiguity in the application of Section 498A IPC and related provisions of the Cr.P.C.

Mahendra Prasad Mehta vs The State Of Bihar · Niyam