Court No. - 72
Case :- APPLICATION U/S 482 No. - 47716 of 2018 Applicant :- Chandra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Babban Prasad Dwivedi
Hon'ble Ajit Kumar,J.
List is being revised. Nobody is present on behalf of the applicant.
Heard learned Additional Government Advocate.
Vide order dated 10th January, 2019, the applicant was directed to file decree dated 25.5.2009 alleged to have been passed for dissolution of marriage between applicant and opposite party no. 2. However, till date nothing has been brought on record.
I have perused the records and have examined the order of recovery warrant dated 23.11.2018 impugned herein this application, by which the applicant is aggrieved on the application filed under Section 156(3) of the Cr.P.C. and the main case of maintenance which was challenged by criminal revision no. 3766 of 2007 has been affirmed by this Court while dismissing the revision petition vide order dated 22nd September, 2015.
Tthe argument is that since dissolution of marriage has taken place, the applicant is not entitled to any maintenance is of no significance in the absence of any document indicative of the said fact no opinion can be forwarded so long as the order of maintenance stands the applicant is to comply the same.
This application lacks merit and is accordingly dismissed. Interim order, if any, stands discharged.
Order Date :- 27.2.2019 Sanjeev