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    U.P. & Ors. ( (2019) 5 SCC 384) Wherein This Court Held As Follows

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    BIRENDER SINGH
    The Supreme Court of India allowed the appeal of Priti Kumari against the order of the High Court of Bihar. The High Court had held that no cause of action arose where Priti Kumari was residing for filing a complaint under Section 498A IPC. However, the Supreme Court held, based on an earlier judgment, that courts at the place where the wife takes shelter after leaving the matrimonial home due to cruelty can have jurisdiction over complaints filed under Section 498A IPC. Therefore, the Supreme Court set aside the High Court's judgment and allowed Priti Kumari's appeal.

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    U.P. & Ors. ( (2019) 5 SCC 384) Wherein This Court Held As Follows

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    BIRENDER SINGH
    52 views3 pages
    The Supreme Court of India allowed the appeal of Priti Kumari against the order of the High Court of Bihar. The High Court had held that no cause of action arose where Priti Kumari was residing for filing a complaint under Section 498A IPC. However, the Supreme Court held, based on an earlier judgment, that courts at the place where the wife takes shelter after leaving the matrimonial home due to cruelty can have jurisdiction over complaints filed under Section 498A IPC. Therefore, the Supreme Court set aside the High Court's judgment and allowed Priti Kumari's appeal.

    Original Description:

    Order of Supreme Court on point of jurisdiction in a case under Section 498 A IPC

    Original Title

    498A

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    The Supreme Court of India allowed the appeal of Priti Kumari against the order of the High Court of Bihar. The High Court had held that no cause of action arose where Priti Kumari was residing for filing a complaint under Section 498A IPC. However, the Supreme Court held, based on an earlier judgment, that courts at the place where the wife takes shelter after leaving the matrimonial home due to cruelty can have jurisdiction over complaints filed under Section 498A IPC. Therefore, the Supreme Court set aside the High Court's judgment and allowed Priti Kumari's appeal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views3 pages

    U.P. & Ors. ( (2019) 5 SCC 384) Wherein This Court Held As Follows

    Uploaded by

    BIRENDER SINGH
    The Supreme Court of India allowed the appeal of Priti Kumari against the order of the High Court of Bihar. The High Court had held that no cause of action arose where Priti Kumari was residing for filing a complaint under Section 498A IPC. However, the Supreme Court held, based on an earlier judgment, that courts at the place where the wife takes shelter after leaving the matrimonial home due to cruelty can have jurisdiction over complaints filed under Section 498A IPC. Therefore, the Supreme Court set aside the High Court's judgment and allowed Priti Kumari's appeal.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 3

    LatestLaws.

    com
    IN THE SUPREME COURT OF INDIA
    CRIMINAL APPELLATE JURISDICTION

    CRIMINAL APPEAL NO. 1387 OF 2019


    [@ Special Leave to Appeal (Crl.) No(s). 712/2018]

    PRITI KUMARI Appellant(s)

    VERSUS

    THE STATE OF BIHAR & ORS. Respondent(s)

    O R D E R

    Leave granted.

    In this case, the main dispute is whether the appellant – wife

    could have filed a complaint under Section 498A, IPC at the place

    where she was residing. The High Court held that no cause of

    action has arisen where she was residing. This matter is squarely

    covered by the judgment of this Court in Rupali Devi v. State of

    U.P. & Ors. [(2019) 5 SCC 384]; wherein this Court held as follows:

    “10. The question that has posed for an answer has


    nothing to do with the provisions of Section 178 (b)
    or (c). What has to be really determined is whether
    the exception carved out by Section 179 would have
    any application to confer jurisdiction in the courts
    situated in the local area where the parental house
    of the wife is located.

    11. To answer the above question, one will have to


    look into the Statement of Objects and Reasons of
    the Criminal Law [2nd Amendment Act, 1983 (Act 46 of
    1983)] by which Section 498A was inserted in the
    Indian Penal Code. The section itself may be noticed
    in the first instance:

    Signature Not Verified


    "498A.Husband or relative of husband of a woman
    Digitally signed by
    subjecting her to cruelty.- Whoever, being the
    MEENAKSHI KOHLI
    Date: 2019.09.21
    11:55:26 IST
    husband or the relative of the husband of a woman,
    Reason:
    subjects such woman to cruelty shall be punished
    with imprisonment for a term which may extend to

    1
    LatestLaws.com
    three years and shall also be liable to fine.
    Explanation.- For the purposes of this section,
    "cruelty" means -
    (a) any wilful conduct which is of such a nature as
    is likely to drive the woman to commit suicide or to
    cause grave injury or danger to life, limb or health
    (whether mental or physical) of the woman; or
    (b) harassment of the woman where such harassment is
    with a view to coercing her or any person related to
    her to meet any unlawful demand for any property or
    valuable security or is on account of failure by her
    or any person related to her to meet such demand.

    16. We, therefore, hold that the courts at the place


    where the wife takes shelter after leaving or driven
    away from the matrimonial home on account of acts of
    cruelty committed by the husband or his relatives,
    would, dependent on the factual situation, also have
    jurisdiction to entertain a complaint alleging
    commission of offences under Section 498A of the
    Indian Penal Code.”

    In view of the above, the criminal appeal is allowed and

    the judgment of the High Court is set aside.

    Pending application, if any, stands disposed of.

    …....................J.
    [DEEPAK GUPTA]

    …....................J.
    [ANIRUDDHA BOSE]

    NEW DELHI;
    September 13, 2019.

    2
    LatestLaws.com
    ITEM NO.38 COURT NO.13 SECTION II-A

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition(s) for Special Leave to Appeal (Crl.) No(s). 712/2018

    (Arising out of impugned final judgment and order dated 06-09-2017


    in CRLM No. 37156/2016 passed by the High Court Of Judicature At
    Patna)

    PRITI KUMARI Petitioner(s)

    VERSUS

    THE STATE OF BIHAR & ORS. Respondent(s)

    Date : 13-09-2019 This petition was called on for hearing today.

    CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA


    HON'BLE MR. JUSTICE ANIRUDDHA BOSE

    For Petitioner(s) Mr. Jayesh Gaurav, Adv.


    Ms. Diksha Ojha, Adv.
    Ms. Priyanka Tyagi, Adv.
    Mr. Farrukh Rasheed, AOR

    For Respondent(s) Mr. E. C. Vidya Sagar, AOR


    Mr. Manish Kumar, Adv.

    Mr. Feroze Ahmad, Adv.


    Mr. R.S. Sharma, Adv.
    Mr. Ranjan Dwivedi, AOR

    UPON hearing the counsel the Court made the following

    O R D E R

    Leave granted.

    The criminal appeal is allowed in terms of the signed order.

    Pending application stands disposed of.

    (MEENAKSHI KOHLI) (RENU KAPOOR)


    COURT MASTER COURT MASTER
    [Signed order is placed on the file]

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