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Supreme Court of India · 2019-04-09

BRAJ KISHORE PRASAD @ SURAJ PRASAD vs THE STATE OF BIHAR

Citation / case number
SC 2011/29615
Court
Supreme Court of India
Petitioner
BRAJ KISHORE PRASAD @ SURAJ PRASAD
Respondent
THE STATE OF BIHAR
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 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 consequences of prior cruelty could establish jurisdiction. The matter was referred to a larger bench for clarification on this legal issue.

BRAJ KISHORE PRASAD @ SURAJ PRASAD vs THE STATE OF BIHAR · Niyam