Supreme Court of India · 2019-04-09
AFSAR ALI KHAN vs THE STATE OF MADHYA PRADESH
- Citation / case number
- SC 2010/21297
- Court
- Supreme Court of India
- Petitioner
- AFSAR ALI KHAN
- Respondent
- THE STATE OF MADHYA PRADESH
- Author
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
- Bench
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE DEEPAK GUPTA, HON'BLE MR. JUSTICE SANJIV KHANNA
Judgment text excerpt
The Supreme Court referred the question of whether a woman can initiate proceedings under Section 498A IPC in the jurisdiction of her parental home after leaving her matrimonial home due to cruelty. The Court noted conflicting views from previous judgments, with some cases holding that cruelty must be ongoing at the parental home for jurisdiction to apply, while others allowed jurisdiction based on the consequences of prior cruelty. The matter was referred to a larger bench for clarification on this legal issue.