AI Overview...
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Resided with Spouse - The term generally refers to the place where the accused or offender last resided with their spouse, particularly in cases related to offences under Sections 494 and 495 of the Indian Penal Code. Jurisdiction is often determined based on the location of the offence, the place where the offence was committed, or where the offender last resided with their spouse, including the first marriage or subsequent permanent residence Sadhu Singh VS Chhinder Singh - Punjab and Haryana, Janabai Narayan Kale VS Narayan Hari Kale & others - Bombay, Amrit Kaur VS Indrajit Kaur - Patna, OM PRAKASH VS STATE - Allahabad, DINESH SINGH VS STATE OF U. P. - Allahabad, VANDANA C.V. vs ABHILASH MARK - Kerala, Urbhay Kumar @ Om Parkash VS Hema Bai - Madhya Pradesh, Urbhay Kumar @ Om Prakash S/O . . . VS Hema Bai W/O Urbhay Kumar @ . . . - Madhya Pradesh, Amrit Kaur VS Smt Indrajit Kaur - Crimes, Suresh s/o. Dadarao Kapse and others VS State of Maharashtra and another - Bombay.
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Jurisdiction Criteria - Courts have jurisdiction within the local area where the offence occurred or where the offender last resided with the spouse. The last residence can include the place where the spouse by the first marriage or the wife has taken permanent residence after the offence. The provisions of Section 182(2) of the Criminal Procedure Code (CrPC) are frequently cited, emphasizing that offences can be enquired into or tried in courts within the jurisdiction where the offence was committed or where the offender last resided with the spouse Sadhu Singh VS Chhinder Singh - Punjab and Haryana, Amrit Kaur VS Indrajit Kaur - Patna, Janabai Narayan Kale VS Narayan Hari Kale & others - Bombay, OM PRAKASH VS STATE - Allahabad.
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Optional Choices for Filing Complaints - The wife or complainant has options to lodge complaints either at the place where the offence was committed or where the offender last resided with her. She is not compelled to choose one over the other, and the jurisdiction can be based on the location of the offence, the last residence, or where the spouse by the first marriage has taken permanent residence Urbhay Kumar @ Om Parkash VS Hema Bai - Madhya Pradesh, Urbhay Kumar @ Om Prakash S/O . . . VS Hema Bai W/O Urbhay Kumar @ . . . - Madhya Pradesh.
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Legal Interpretations - Jurisdiction is also influenced by the place where the marriage was solemnized or where the spouses last resided together, especially under family law statutes like the Divorce Act, 1869. The last residence or place of marriage can determine the appropriate court for proceedings VANDANA C.V. vs ABHILASH MARK - Kerala.
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Summary - Overall, the main insight is that in cases involving offences under Sections 494 and 495 IPC, jurisdiction is primarily established by the location of the offence, the place where the offender last resided with the spouse (including after the first marriage), or where the spouse has taken permanent residence. Courts rely on these criteria to determine proper jurisdiction, with the choice often lying with the complainant or wife all references.
Analysis and Conclusion:
The concept of resided with the spouse is central in jurisdictional matters related to matrimonial offences. Courts consistently recognize the last residence with the spouse, whether from the first marriage or subsequent permanent residence, as a key factor. The provisions of Section 182(2) CrPC support this, allowing cases to be tried where the offence was committed or where the offender last resided. This ensures flexibility and fairness in jurisdiction, accommodating various circumstances of residence and marriage.
Search Results for "Spouse Last Resided"
1986 0 Supreme(P&H) 369 • India - Punjab and Haryana
S.S.SODHI
resided with the spouse in the court's jurisdiction. ... resided with the spouse to enquire into and try the offence. ... impugned order based on the provisions of sub-section (2) of Section 182 of the Code of Criminal Procedure, 1973, as the offender last ... resided with the spouse by the first marriage or the wife by the first has taken up permanent residence after the commission of the offence. ... The material on record clearly discloses the fact that it was with....
1990 0 Supreme(Bom) 98 • India - Bombay
I.G.SHAH
resided with his or her spouse by first marriage. ... resided with his or her spouse by the first marriage or the wife by the first marriage has taken up permanent residence after the ... jurisdiction for trial of offences under Section 494 and 495 - Section 182 (2) also infests jurisdiction on Courts where offender last ... , would definitely give jurisdiction to the Court where the offender last resided with his or her spouse by the first marriage.....
1989 0 Supreme(Pat) 443 • India - Patna
UDAY SINHA
-offence under section 494 is triable by Court within whose local jurisdiction the offence is committed or where offender last resided ... with the spouse by the first marriage or where first wife has taken up permanent residence. ... The petitioner seems to have relied upon the provisions of S.182/(2) of the Code which lays down that any offence u/ S. 494 of the Indian Penal Code may be enquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided#HL_E....
1961 0 Supreme(All) 98 • India - Allahabad
D.P.UNIYAL, KAILASH PRASAD
or last resided with their spouse. ... the SDM's decision, ruling that proceedings under Section 488 CrPC could be taken against any person in any district where they resided ... C. can be taken against any person in any district where he resides or last resided with his wife. He accordingly rejected the revision, ... ( 4 ) OM Prakash then filed the present revision application in this Court. ... ... ( 1 ) THIS is a petition for revision by Om Prakash ... ( 2 ) OM Pr....
2008 0 Supreme(All) 524 • India - Allahabad
SAROJ BALA
resided with his or her spouse by first marriage—Or wife by first marriage has taken up permanent residence after commission of ... Section 494 or 495 of IPC may be inquired into or tried by Court within whose local jurisdiction offence was committed—Or offender last
2023 Supreme(Online)(KER) 17503 • India - High Court of Kerala
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
resided, not necessarily where one spouse currently lives. ... that under the Divorce Act, 1869, petitions must be filed in the district court where the marriage occurred or where the couple last ... upheld the Family Court's decision, asserting that jurisdiction is determined by the location of the marriage solemnization or spouses ... or last resided together. ... or last resided together. ... or last resided tog....
1998 0 Supreme(MP) 73 • India - Madhya Pradesh
V.K.AGARWAL
Thus, though the wife has the option to get the complaint lodged and offender tried - (a) at the place where the offence was committed; or (b) where she last resided with her spouse; but she is not compelled to do so; and she has the third option open to her which is to lodge the complaint and get the ... Any offence punishable under Section 494 or Section 495 of the Indian Penal Code may be inquired into or tried by a Court with in whose local jurisdiction the offence was committed or the offender last resided....
1998 0 Supreme(MP) 76 • India - Madhya Pradesh
V.K.AGARWAL
resided with his or her spouse by the first marriage; or (c) where the wife of the first marriage has taken up permanent residence ... be held at any of the following places: (a) a court within whose jurisdiction the offense was committed; (b) where the offender last ... Indian Penal Code against the petitioners/accused, alleging that she was legally married to petitioner No. 1 and was compelled to reside ... Thus, though the wife has the option to get the complaint lodged and offender tried : (a) at the place where the ....
• India - Crimes
UDAY SINHA
resided with his or her spouse by the first marriage. ... True it is, that those are also factors determining jurisdiction but we cannot loose sight of the last clause which lays down that ... Indian Penal Code may be enquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last ... her spouse by the first marriage. ... The petitioner seems to have relied upon the provisions of Section 182 (2) of the Code which lays down that any offence under Section 4....
1995 0 Supreme(Bom) 193 • India - Bombay
A.D.MANE
resided with him or his spouse and (c) the place where the wife by the first marriage has taken up permanent residence after commission of the offence. ... ... (2) Any offence punishable under section 494 or section 495 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, (or the ... In the present case the complainant has given her address of vi....
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