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.