Hon'ble Judges/Coram:
Ranjan Gogoi, C.J.I., L. Nageswara Rao and Sanjay Kishan Kaul

JUDGMENT

Ranjan Gogoi, C.J.I.

1. "Whether a woman forced to leave her matrimonial home on account of acts and conduct that constitute cruelty can initiate and access the legal process within the jurisdiction of the courts where she is forced to take shelter with the parents or other family members". This is the precise question that arises for determination in this group of appeals.

2. The opinions of this Court on the aforesaid question being sharply divided, the present reference to a larger Bench has been made for consideration of the question indicated hereinabove.

3. In

(i) Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr.   MANU/SC/0635/2004 : (2004) 8 SCC 100.

(ii) Ramesh and Ors. v. State of Tamil Nadu   MANU/SC/0174/2005 : (2005) 3 SCC 507.

(iii) Manish Ratan and Ors. v. State of Madhya Pradesh and Anr.   MANU/SC/8617/2006 : (2007) 1 SCC 262.

(iv) Amarendu Jyoti and Ors. v. State of Chhattisgarh and Ors.   MANU/SC/0680/2014 : (2014) 12 SCC 362.

a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act of commission of cruelty in the parental home can be attributed to the husband or his relatives, the initiation of proceedings Under Section 498A in the courts having jurisdiction in the area where the parental home is situated will not be permissible. The core fact that would be required to be noted in the above cases is that there were no allegations made on behalf of the aggrieved wife that any overt act of cruelty or harassment had been caused to her at the parental home after she had left the matrimonial home. It is in these circumstances that the view had been expressed in the above cases that the offence of