Supreme Court of India · 2019-04-09
BHAGWANSINGH @ BHAGGU vs THE STATE OF MADHYA PRADESH
- Citation / case number
- SC 2011/28894
- Court
- Supreme Court of India
- Petitioner
- BHAGWANSINGH @ BHAGGU
- Respondent
- THE STATE OF MADHYA PRADESH
- Author
- HON'BLE MR. JUSTICE DEEPAK GUPTA
- 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 addressed the jurisdictional question of whether a woman, forced to leave her matrimonial home due to cruelty, can initiate proceedings under Section 498A IPC in the courts where she takes shelter. The Court noted conflicting opinions in 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 critical issue, indicating the need for a consistent legal standard.