- (1.) BARKAT Ali Zaidi, J. A husband has come to this Court under Section 482, Cr. P. C. because the Family Court Judge Bareli by order dated 25-11-2006 has granted maintenance to his divorced wife under Section 125 Criminal Procedure Code The husband says that he has divorced wife but has filed a suit for declaration in the Civil Court that the wife has been divorced. The argument is that the wife is not entitled to maintenance allowance because she is divorced.
(2.) HEARD Sri Sanjai Srivastava, Advocate for the applicant and Mohd. Israil Siddiqui, Additional Government Advocate for the State. The Counsel for the applicant has relied on the following cases : (i) AIR (3) 1944 Mad 227, M. M. Abdul Khader v. Azeez Bee. (ii) AIR 1955 Hyd 144, Mohd. Shamsuddin v. Noor Jahan Begum. (iii) AIR 1931 Mad 647, Kathiyumma M. Urathel Marakkar. The aforenoted cases are no more good law in view of the pronouncement of Supreme Court in the case of Danial Latifi and another v. Union of India, JT 2001 (8) SC 219, wherein it has been held that a divorced woman is entitled to maintenance under Section 125, Cr. P. C. The argument of the Counsel for the applicant, therefore, no more survives. Application dismissed.
(3.) THE aforesaid pronouncement of the Supreme Court is of the year 2001. This application was filed in the year 2008. It was filed in clear disregard of the Supreme Court pronouncement. Costs must, therefore, be awarded. THE applicant shall pay Rs. Five thousand as costs to the respondent within 45 days from the date of this order. .;