Supreme Court of India · 2019-04-09
GAJRAJ SINGH vs THE STATE OF MADHYA PRADESH
- Citation / case number
- SC 2011/28903
- Court
- Supreme Court of India
- Petitioner
- GAJRAJ SINGH
- 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 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 opinions in previous judgments, with some cases holding that cruelty must be ongoing at the parental home for jurisdiction to apply, while others recognized that the effects of cruelty can manifest at the parental home. The Court ultimately decided to refer the matter to a larger bench for a definitive ruling on this legal question.