Smt. Savitri Pandey filed a maintenance petition under Section 125 of the Code of Criminal Procedure, 1973, against her husband, Prem Chandra Pandey. She alleged that she was forced to leave her matrimonial home due to persistent dowry demands and harassment.
Key Facts
- The marriage between the parties took place on May 6, 1987.
- Soon after the marriage, the husband and his family members started demanding a dowry.
- Due to the constant harassment, the wife was forced to leave her matrimonial home on June 21, 1987.
- She filed a maintenance petition seeking Rs. 1,500 per month.
- The husband denied the allegations of dowry harassment and claimed that the wife was unwilling to live with him.
Judgment
The Family Court, after considering the evidence presented by both parties, found that the wife had been subjected to dowry harassment and granted her maintenance at the rate of Rs. 300 per month.
The court emphasized the following points
- The serious nature of dowry harassment and its adverse impact on women.
- The burden of proof lies on the husband to disprove the allegations of dowry harassment.
- The importance of providing adequate maintenance to women who are victims of domestic violence and dowry harassment.
This judgment has been significant in strengthening the legal framework for protecting women’s rights and addressing issues of domestic violence and dowry harassment in India.