Barkat Ali Zaidi, J. - (1.) 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, Addl. Government Advocate for the State.
(3.) The Counsel for the applicant has relied on the following cases; (i) M.M. Abdul Khader v. Azeez Bee, AIR (3) 1944 Mad. 227 . (ii) Mohd. Shamsuddin v. Noor Jahan Begum, AIR 1955 Hyd. 144 . (iii) Kathiyumma v. Urathel Marakkar, AIR 1931 Mad. 647 . ;