Allahabad High Court
SANT PRASAD DUBEYversusMADHURI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that there was no ground for interference and dismissed the writ petition.
Summary
The petitioner, Sant Prasad Dubey, married the respondent, Madhuri, under Hindu rites in 2008 and they have three children. In the divorce proceedings, the respondent sought maintenance pendente lite under Section 24 of the Hindu Marriage Act. The trial court ordered a modest lump‑sum litigation expense of Rs 5,000 and interim maintenance of Rs 4,000 per month to be paid by the petitioner. The petitioner filed a recall application against this order, which was rejected by the lower court. The petitioner then approached the High Court under Article 227, seeking interference with the lower court's order. The High Court examined the orders and found no merit for interference, noting the amounts were reasonable, and consequently dismissed the writ petition.
Issues considered
- Whether the lower court's award of Rs 5,000 as litigation expenses and Rs 4,000 as interim maintenance under Section 24 of the Hindu Marriage Act warrants interference by the High Court.
Legislation cited
- Hindu Marriage Act — s. 24
Subjects
- Hindu marriage
- divorce
- maintenance pendente lite
- Section 24
- interim maintenance
- litigation expenses
- Article 227
- High Court writ
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 4993 of 2026
Sant Prasad Dubey
.....Petitioner(s)
Versus
Madhuri
.....Respondent(s)
Counsel for Petitioner(s) : Kartikey Dubey, Man Mohan Mishra, Prem
Prakash
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the petitioner.
2. It is contended that petitioner was married to respondent according to
Hindu rites and customs on 08.07.2008. From the aforesaid wedlock, three
children were born, two are girls child and one is male child. One male child
and one girl child are living with petitioner, while one girl child is living
with respondent-wife.
3. A divorce petition was filed by the petitioner in which an application
under Section 24 of Hindu Marriage Act was filed by respondent-wife
seeking maintenance pendente lite. By the order dated 04.03.2025, Court
below had awarded lump sum litigation expenses of Rs.5,000/-, and also
directed the petitioner to pay Rs.4,000/- per month as an interim
maintenance to respondent-wife. Against the said order, a recall application
was moved by the petitioner, which has been rejected by the order impugned
dated 12.03.2026.
4. After going through orders dated 12.03.2026 and 04.03.2025, no case for
interference is made out, as meager lump sum amount of Rs.5,000/- has been
awarded as litigation expenses and Rs.4,000/- as interim maintenance.
5. Writ petition stands dismissed.
(Rohit Ranjan Agarwal,J.)
September 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…