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april 2019

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.

BHAGWANSINGH @ BHAGGU vs THE STATE OF MADHYA PRADESH · Niyam