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Judgment
Barkat Ali Zaidi, J.—A husband has come to this Court u/s 482 Cr.P.C. because the Family Court Judge Bareli by order dated 25.11.2006 has granted maintenance to his divorced wife u/s 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.
Heard Sri Sanjai Srivastava, Advocate Advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.
The counsel for the applicant has relied on the following cases;
(i) M.M. Abdul Khader Vs. Azeeza Bee, .
(ii) AIR 1955 AP 144 Shamsuddin v. Noor Jahan Begum
(iii) AIR 1931 Madras, 647 Kathiyumma v. 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 Anr. v. Union of India JT 2001 (8) SC 219 wherein it has been held that a divorced woman is entitled to maintenance u/s 125 Cr. P.C. The argument of the counsel for the applicant, therefore, no more survives. Application dismissed.
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.