SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(All) 1854

IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Rajeev Misra, JJ.
Gulabpati - Appellant
Vs.
Smt. Pushpa Rani Pandey and others - Respondent
First Appeal No. 626 of 2015
Decided On : 25-11-2019

Advocates Appeared:
For the Appellant : Ganesh Datt Mishra
For the Respondent: Manoj Kumar Singh

The court emphasized that adherence to procedural rules regarding the admission of evidence is critical, and failure to mark documents as exhibits invalidates the judgment.

Headnote:(A) Family Court Act, 1984 - Section 19 - Legal status of marriage - The appellant challenged the dismissal of her suit for declaration as legally wedded wife - Impugned judgments held that documentary evidence was not properly admitted, leaving the matter unresolved - The court found merit in the appeal as due process was not followed in the trial. (Paras 1, 12, 22, 24)

(B) Due Process of Law - The court emphasized the importance of adhering to procedural rules for the admission of evidence, stressing that documents must be marked as exhibits for them to be considered - The failure to do so rendered the judgment unsubstantiated and necessitated remand. (Paras 21, 79)

Facts of the case:
The appellant claimed to be the legally wedded wife of the deceased military personnel, arguing neglect and seeking pension rights posthusband’s death, while the respondent claimed contrary by documentation.

Findings of Court:
The Family Court had erred in relying on unadmitted documents and not following due process in evidentiary matters, hence the judgment was both unsupported and void.

Issues: Whether the appellant is the legally wedded wife entitled to pension, and the procedural irregularities in handling evidence.

Ratio Decidendi: The court ruled that without proper admission and marking of evidence as exhibits, the basis for the lower court's judgment was flawed and thereby ineffectual.

Result: Appeal allowed and case remanded for fresh adjudication.

Table of Content
1. appeal initiated against family court judgment. (Para 1 , 2)
2. plaintiff claims to be the legally wedded wife. (Para 3 , 4 , 5 , 6)
3. court frame issues for adjudication. (Para 7 , 8 , 9)
4. court's evaluation of evidence and issues. (Para 12 , 13 , 14 , 15 , 16 , 17)
5. emphasis on adherence to procedural rules for evidence. (Para 20 , 21 , 22 , 23 , 24)

JUDGMENT :

Rajeev Misra, J.

1. Present First Appeal under Section 19 of Family Court Act, 1984 (hereinafter referred to as 'Act 1984') has been filed by plaintiff-appellant challenging Judgment dated 28.10.2015 and decree dated 30.10.2015 passed by Principal Judge, Family Court, Basti dismissing O.S. No. 15 of 2010 ( Gulabpati Vs. Smt. Pushpa Rani Pandey and others ).

2. We have heard Mr. Ganesh Datt Mishra, learned counsel for plaintiff-appellant and Mr. Manoj Kumar Singh, learned counsel representing defendant-respondents 2 and 3. In spite of revision of cause list, no one has appeared on behalf of defendant-respondent 1, Smt. Pushpa Pandey.

3. Plaintiff-appellant Gulabpati (hereinafter referred to as 'appellant') filed O.S. No. 15 of 2010 ( Gulabpati Vs. Smt. Pushpa Rani Pandey and others ) for a decree of declaration declaring that plaintiff alone is legally wedded wife of Murli Prasad @ Murlidhar resident of Village Dubaul, Tappa, Hardi, Pargana Basti Pashchim, Tehsil Harraiya, District Basti, who worked in Air Force, as such, plaintiff alone is entitled to receive family pension.

4. According to plaint allegations, it was alleged that plaintiff is legally wedded wife of Murlidhar Pandey @Murli Prasad Pandey son of Chandra Prakash Pandey resident of Village Dubaul, Tappa, Hardi, Pargana Basti Pashchim, Tehsil Harraiya, District Basti. Marriage of plaintiff with Murlidhar Pandey @ Murli Prasad Pandey was solemnized on 6.6.1965. From aforesaid wedlock and co-habitation of plaintiff and Murlidhar Pandey @ Murli Prasad Pandey, a daughter was born. Subsequently, Murlidhar Pandey @ Murli Prasad Pandey joined Air Force under the Ministry of Defence. Plaintiff being a simple and illiterate lady was ill-treated by Murlidhar Pandey @ Murli Prasad Pandey and his family members. After Murlidhar Pandey @ Murli Prasad Pandey joined Air Force, status of plaintiff was reduced to that of a domestic servant. Plaintiff is alleged to have complained about aforesaid conduct to Murlidhar Pandey @ Murli Prasad Pandey but no heed was paid. As plaintiff and her minor daughter were neglected by Murlidhar Pandey @ Murli Prasad Pandey, she accordingly initiated proceedings under Section 125 Cr.P.C. which was registered as Case No. 14 of 1981 and allowed, vide Judgment and order dated 9.1.1985. Murlidhar Pandey @ Murli Prasad Pandey was directed to make payment at the rate of Rs.250/-for plaintiff and Rs.150/-for minor daughter, per month. Against order dated 9.1.1985, Murlidhar Pandey @ Murli Prasad Pandey filed Criminal Revision No. 255 of 1985, which was allowed, vide order dated 11.4.1986. Against order dated 11.4.1986 passed by Revisional Court, i.e., Vth Additional District & Sessions Judge, Basti, plaintiff filed Criminal Revision No. 31 of 1981 ( Smt. Gulabpati Vs. State of U.P. ) before High Court, Allahabad, which was allowed, vide order dated 23.3.2005. Effect of same was that order dated 11.4.1986 came to be set aside resulting in restoration of earlier order dated 9.1.1985 passed by trial Court. Subsequent to Judgment of High Court, plaintiff filed an execution case and, accordingly, Murlidhar Pandey @ Murli Prasad Pandey started paying the arrears of maintenance due in instalments. On account of rise in cost of living, plaintiff filed application for enhancement of maintenance, which was allowed and accordingly, amount of maintenance was respectively enhanced to Rs.400/-and Rs.200/-per month. Daughter of plaintiff, Shashibala got married with the help of family members of plaintiff's parental side as well as relatives. Subsequently, plaintiff again filed an application for e

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top