Created by Fuzzy Cloud

Allahabad High Court

SANT PRASAD DUBEYversusMADHURI

Decided

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.