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april 2019

Supreme Court of India · 2019-04-09

RUPALI DEVI vs STATE OF UTTAR PRADESH

Citation / case number
SC 2011/36977
Court
Supreme Court of India
Petitioner
RUPALI DEVI
Respondent
STATE OF UTTAR PRADESH
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 forced to leave her matrimonial home due to cruelty can initiate legal proceedings in the jurisdiction of her parental home to a larger bench. The court noted conflicting opinions in previous judgments regarding the jurisdiction under Section 498A IPC, particularly whether the offense constitutes a continuing offense when the woman has moved to her parental home. The court highlighted the need for clarity on this issue, indicating that the existing views may depend on specific factual circumstances of each case.

RUPALI DEVI vs STATE OF UTTAR PRADESH · Niyam