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Supreme Court Slams 'Shocking' Reduction of Maintenance for Women: 'Drastic Cut Unjustified'

07 May 2024 8:19 AM

By: Admin

In a significant ruling, the Supreme Court of India has strongly criticized a "shocking" reduction in maintenance awarded to women under Section 125 of the Code of Criminal Procedure. The judgment, delivered by Hon'ble Mr. Justice Vikram Nath and Hon'ble Mr. Justice Ahsanuddin Amanullah on September 15, 2023, reinstated the importance of ensuring adequate support for women.

The case, titled *Richa Devi vs. Gautam KR Pandey @ Gautam Pandey*, revolved around the High Court's decision to drastically reduce the monthly maintenance amount for a woman from Rs. 5,000 to a mere Rs. 1,000. The Supreme Court, in its scathing observation, found no justification for such a drastic reduction, emphasizing the significance of fair and reasonable maintenance.

In the judgment, the Court stated, "It is shocking that the maintenance amount has been so drastically reduced to a petty amount of Rs. 1,000 per month for a lady to maintain herself." This observation underscores the Court's commitment to safeguarding the rights of women in matters of personal maintenance.

The judgment further emphasized the duty of the court to ensure that women receive adequate support and that reductions to unreasonably low amounts are not justified. It highlighted the need to consider the financial well-being and dignity of women while determining maintenance amounts.

Additionally, the judgment reaffirmed the Court's authority to subject High Court orders to judicial review when they are deemed manifestly unjust. In this case, the Supreme Court set aside the High Court's order and reinstated the Trial Court's award of Rs. 5,000 per month as maintenance.

This landmark decision serves as a reminder of the judiciary's commitment to protecting the rights and dignity of women. It establishes a precedent for fair and reasonable maintenance awards, setting a benchmark for future cases in family law.

Date of Decision: September 15, 2023

RICHA DEVI   vs GAUTAM KR PANDEY @ GAUTAM PANDEY       

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