HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL No. - 363 of 2025 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. Versus Counsel for Appellant(s) : Arvind Kumar Trivedi, Ram Sajiwan Mishra, Satyam Mishra Counsel for Respondent(s) : Ajai Kumar Singh Smt Rupali Dwivedi .....Appellant(s) Navneet Kumar Dwivedi .....Respondent(s) 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 FAPL No. 363 of 2025 2 (Vivek Saran,J.) (Atul Sreedharan,J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad