JUBAIR AHMAD KAZI Vs. STATE OF U P

JUDGEMENT

(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.

(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. .