Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr.
1. Citation and Court
Case Title: Smt. Savitri Pandey v. Judge, Family Court, Allahabad & Anr.
Court: Allahabad High Court
Judgment Date: February 13, 2004
Case Numbers: Criminal Revision No. 883 of 1996 and Criminal Revision No. 1196 of 1996
Judges: Hon’ble Justice Umeshwar Pandey
2. Facts of the Case
Marriage: Smt. Savitri Pandey married Prem Chand Pandey on May 6, 1987.
Allegations: She alleged persistent dowry demands and harassment by her husband and his family, leading her to leave the matrimonial home on June 21, 1987.
Maintenance Petition: On September 24, 1988, Smt. Savitri Pandey filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance of ₹1,500 per month.
Family Court Judgment: The Family Court awarded her maintenance of ₹300 per month, effective from the date of the petition, and directed arrears to be paid in monthly installments of ₹500.
Subsequent Developments: She obtained a divorce decree on July 8, 1996, and remarried on May 29, 1997.
3. Issues Raised
Whether the maintenance fixed at ₹300 per month by the Family Court was just and proper.
Whether Smt. Savitri Pandey is entitled to maintenance after her second marriage.
4. Judgment
Maintenance Rate: The Allahabad High Court upheld the Family Court’s decision to fix the maintenance at ₹300 per month, finding no legal or procedural irregularities in the Family Court’s reasoning.
Entitlement Post-Remarriage: The Court concluded that Smt. Savitri Pandey was entitled to maintenance from September 24, 1988, to May 28, 1997. Post-remarriage on May 29, 1997, her claim for maintenance against her former husband ceased.
Arrears Payment: The Court modified the Family Court’s judgment to specify that maintenance arrears were to be paid for the period from September 24, 1988, to May 28, 1997, with payment in installments as directed by the Family Court.
5. Legal Principles
Section 125 CrPC: Aims to prevent destitution and vagrancy by providing a legal remedy to wives, children, and parents unable to maintain themselves.
Effect of Remarriage: Under Section 125 CrPC, a wife is entitled to maintenance until she remarries.
Dowry Harassment: The Court emphasized the serious nature of dowry harassment and its adverse impact on women, highlighting the importance of providing adequate maintenance to victims.
6. Significance
Protection of Women's Rights: The case underscores the legal provisions available to women facing dowry harassment and the importance of maintenance for their sustenance.
Judicial Precedent: The judgment reaffirms the principles of maintenance under Section 125 CrPC, balancing the rights and obligations of both parties.
Legal Clarity: Clarifies the entitlement to maintenance post-divorce and the cessation of such entitlement upon remarriage.
RELATED Blog
0 comments