Allahabad High Court
RESHMA PALversusUMESH PAL
- Decided
Holding
The appellant must seek maintenance under Section 25 of the Hindu Marriage Act, 1955 by filing a separate application, and no order is required in the present appeal.
Summary
The appellant, a divorced wife, challenged an ex-parte decree of divorce that did not address her claim for maintenance. She sought to appeal the judgment solely to obtain maintenance, while the respondent argued that the Family Court's decision was correct on facts and law. The court noted that under Section 25 of the Hindu Marriage Act, 1955 a divorced spouse may apply for maintenance at any time after the decree. Consequently, the court held that the appellant should pursue a separate maintenance application rather than the present appeal. No further order was made and the appeal was disposed of.
Issues considered
- Whether the appellant can obtain maintenance through the present appeal against the ex-parte divorce decree
Legislation cited
- Hindu Marriage Act, 1955 — s. 25
Subjects
- maintenance
- divorce
- Hindu Marriage Act
- ex-parte judgment
- appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL No. - 786 of 2021
Reshma Pal
.....Appellant(s)
Versus
Umesh Pal
.....Respondent(s)
Counsel for Appellant(s) : Manish Kumar Pandey
Counsel for Respondent(s) : Atul Kumar Srivastava
Court No. - 29
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. Mr. Manish Kumar Pandey, learned advocate appears on behalf of
appellant, who was wife in the marriage dissolved on judgment dated 8th
August, 2018. He submits, his instructions are, his client does not want to
prosecute the appeal except that she has claim for maintenance. On query
he submits, the judgment was made ex-parte against his client. The
Family Court did not even consider exercising discretion to direct
maintenance.
2. Mr. Atul Kumar Srivastava, learned advocate appears on behalf of
respondent. He submits, the Family Court in passing impugned judgment
made no error, either on facts or in law.
3. Section 25 in Hindu Marriage Act, 1955 enables a divorced spouse to
apply for maintenance at any time subsequent to passing of the decree. As
such, appellant must find her remedy by applying for maintenance.
4. In view of aforesaid, no order need be made in the appeal apart from
our above observation. It is disposed of.
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
March 18, 2026
VS
Digitally signed by :-
VIDYA SAGAR BARATAM
High Court of Judicature at Allahabad
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