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april 2019

Supreme Court of India · 2019-04-09

MAHENDRA PRASAD MEHATA vs PARMILA DEVI .

Citation / case number
SC 2014/14315
Court
Supreme Court of India
Petitioner
MAHENDRA PRASAD MEHATA
Respondent
PARMILA DEVI .
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 jurisdiction under Section 498A IPC for consideration by a larger bench, specifically whether a woman can initiate legal proceedings in the jurisdiction of her parental home after leaving her matrimonial home due to cruelty. The Court noted conflicting opinions in previous cases, with some holding that the offense does not continue at the parental home unless specific acts of cruelty occur there, while others recognized the jurisdiction based on the consequences of the offense. The decision aims to clarify the legal position on this matter, indicating the need for a consistent approach across jurisdictions.

MAHENDRA PRASAD MEHATA vs PARMILA DEVI . · Niyam