Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr.

Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr. involves two revisions under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (CrPC), filed against a common judgement delivered by the Judge, Family Court, Allahabad on 1st June 1996. The matter pertains to a claim of maintenance under Section 125 of the CrPC by Smt. Savitri Pandey against her husband, Prem Chand Pandey, and their subsequent challenges regarding the grant and rate of maintenance.

Facts of Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr.

1. Marriage and Dowry Allegations: Smt. Savitri Pandey was married to Prem Chand Pandey on 6th May 1987. Soon after the marriage, the wife alleged persistent demands for dowry by her husband and his family. On 21st June 1987, she left her matrimonial home due to these demands and began residing with her parents.
2. Petition for Maintenance: On 24th September 1988, Smt. Savitri Pandey filed a petition under Section 125 of the CrPC, seeking maintenance of ₹1500/- per month.
3. Husband’s Defense: Prem Chand Pandey denied the allegations of dowry demands and harassment. He contended that the wife was unwilling to stay with the joint family and insisted that he reside with her at her parental home.
4. Family Court Judgement: The Family Court awarded maintenance of ₹300/- per month to the wife, effective from the date of the petition (24th September 1988), and directed arrears to be paid in monthly instalments of ₹500/-.
5. Subsequent Developments: Smt. Savitri Pandey obtained a divorce decree on 8th July 1996. She remarried on 29th May 1997.

Procedural History

1. Both parties filed revisions challenging the Family Court’s judgement:
   • The wife contested the low rate of maintenance.
   • The husband contested the award of any maintenance.
2. The revisions were heard together by the Allahabad High Court.

Issues Raised

The issues raised in Smt. Savitri Pandey vs. Judge, Family Court, Allahabad & Anr. were:

1. Whether the maintenance fixed at ₹300/- per month by the Family Court is just and proper in the circumstances.
2. Whether the petitioner-wife is entitled to maintenance after the solemnisation of her second marriage.

Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr. Judgement

Maintenance Rate (Section 125 CrPC)

The Court in Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr. upheld the Family Court’s decision to fix the maintenance at ₹300/- per month.

• The Family Court had considered the facts, circumstances, and evidence in determining the maintenance rate.
• No legal or procedural irregularities were found in the Family Court’s reasoning.

The High Court dismissed the wife’s revision (Criminal Revision No. 883/1996) for an enhanced maintenance rate.

Entitlement to Maintenance Post-Remarriage

The Court in Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr. addressed the contention that the wife could not claim maintenance from her former husband after her second marriage. The High Court concluded:

• The wife was entitled to maintenance from 24th September 1988 (date of filing the petition) to 28th May 1997 (day before her second marriage).
• Post-remarriage, her claim for maintenance against her former husband ceased.

Modification of Family Court Judgement

The High Court modified the Family Court’s judgement:

• Maintenance arrears were to be paid for the period 24th September 1988 to 28th May 1997.
• Payment of arrears could be made in instalments, as directed by the Family Court.

Key Observations in Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr.

1. Dowry Demands and Wife’s Circumstances: The Family Court’s finding that the wife left her matrimonial home due to dowry demands was based on evidence. It was established that the wife lived at her parents’ home without financial support from her husband until her remarriage.
2. Maintenance as a Right under Section 125 CrPC: The Court in Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr. emphasised that Section 125 CrPC aims to prevent destitution and provide basic support to dependents. The wife’s financial dependency on her parents justified the grant of maintenance during the specified period.
3. Effect of Remarriage on Maintenance: Under Section 125 CrPC, a wife is entitled to maintenance until she remarries. The Court affirmed that remarriage terminated her right to claim maintenance from her former husband.
4. Previous Supreme Court Judgement: The case cited Savitri Pandey v. Prem Chandra Pandey (AIR 2002 SC 591) to affirm the legal principle that maintenance obligations end upon the wife’s remarriage.

Conclusion

The Allahabad High Court in Smt. Savitri Pandey v Judge, Family Court, Allahabad & Anr. dismissed both revisions and upheld the Family Court’s judgement with a minor modification. The decision reaffirms the principles of maintenance under Section 125 CrPC, balancing the rights and obligations of both parties.

1. The wife was entitled to maintenance at ₹300/- per month from 24th September 1988 to 28th May 1997.
2. Post-remarriage, her right to claim maintenance ceased.
3. The arrears of maintenance, if unpaid, were to be cleared in instalments.