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Allahabad High Court

SMT RUPALI DWIVEDIversusNAVNEET KUMAR DWIVEDI

Decided

Holding

The appeal is disposed, directing the appellant to seek maintenance by filing an application under Section 25 of the Hindu Marriage Act, 1955.

Summary

The High Court of Allahabad heard an appeal by Smt. Rupali Dwivedi against a trial court order that granted her husband, Navneet Kumar Dwivedi, a divorce. The appellant was not contesting the divorce itself but sought maintenance, which the trial court had not awarded. The court observed that determining maintenance requires assessment of the respondent’s wealth and the appellant’s employment, necessitating evidentiary proceedings. It held that such factual disputes are better resolved through an application under Section 25 of the Hindu Marriage Act, 1955 before the trial court. Consequently, the appeal was disposed, granting the appellant liberty to file a maintenance application under the appropriate provision.

Issues considered

  • Whether the appellate court can entertain the appeal solely for the purpose of awarding maintenance after a divorce decree.

Legislation cited

Subjects

  • divorce
  • maintenance
  • Hindu Marriage Act
  • Section 25
  • family law
  • appeal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD

                FIRST APPEAL No. - 363 of 2025

Smt Rupali Dwivedi
                                                    .....Appellant(s)
                              Versus
Navneet Kumar Dwivedi
                                                    .....Respondent(s)

Counsel for Appellant(s)         : Arvind Kumar Trivedi, Ram
                                   Sajiwan Mishra, Satyam
                                   Mishra
Counsel for Respondent(s)        : Ajai Kumar Singh

Court No. - 2
             HON'BLE ATUL SREEDHARAN, J.
             HON'BLE VIVEK SARAN, J.

1. Heard learned counsel for the appellant and Sri Ajai Kumar
Singh, learned counsel for the respondent.

2. The present appeal has been filed against the impugned order
which grants the respondent divorce from the appellant.

3. Learned counsel for the appellant fairly states that the appellant
is not aggrieved by the order of the divorce but only by the fact
that no maintenance has been awarded by the learned trial court.
Undoubtedly, this Court can also sustain the said appeal in order
to determine the eligibility for maintenance to the appellant.

4. However, this is a matter which would require the adducing of
evidence where documents would be relied upon by both the
sides relating to the wealth of the respondent relating to the fact
whether the appellant is gainfully employed and the same process
would require the adducing of evidence and so, the same would
be more suitable if there is an application under Section 25 of the
Hindu Marriage Act, 1955 (hereinafter referred to as "the Act")
by the appellant herein before the learned trial court which would
decide such disputed questions of fact.
                                                                                           FAPL No. 363 of 2025
                                                                 2


                                        5. Under the circumstances, the present appeal is disposed of
                                        giving liberty to the appellant to move the appropriate forum
                                        under Section 25 of the Act and claim maintenance there.
                                        May 5, 2026
                                        rkg
                                                               (Vivek Saran,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAKESH KUMAR GAUTAM
High Court of Judicature at Allahabad


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