IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.725 of 2007 MD.AFSAR ANSARI Versus STATE OF BIHAR & ANR ----------- 4. 08.07.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner herein is the husband of Opposite Party No.2. It is submitted on his behalf that the order dated 11th April, 2007 passed by the Principal Judge, Family Court, Bhagalpur in Miscellaneous Case No. 50 of 2004, whereunder maintenance has been directed to be paid to Opposite Party No.2 at the rate of Rs. 500/- per month, proceeds on the basis that the parties are still man and wife ignoring the evidence on record including the admission made by Opposite Party No.2 that she has already been divorced. 3. Without examining the aforesaid submission put forth by the counsel for the petitioner, petitioner is directed to deposit the maintenance amount payable to Opposite Party No.2 from the month of April, 2007 till the month of June, 2008 within a period of two months from today but the amount be kept in deposit until the matter is again considered by the Principal Judge in the light of the evidence as also the admission of Opposite Party No.2 that she has been divorced by the petitioner as according to the petitioner her claim for grant of maintenance is required to be considered in the light of the judgment of the Division Bench of this Court in the case of Abdul Mannan Vs. Saira Khatoon and others, reported in 2000 (2) PLJR 320 as also the subsequent judgment of the Hon’ble Supreme Court in the case of Shamim Ara Vs. State of U.P. and another, reported in - 2 - 2002(7) SCC 518 but until the decision is taken by the court below in the light of this order the petitioner shall keep on paying Rs. 500/- per month as maintenance to Opposite Party No. 2 and with this observation and direction, this Cr. Revision application is disposed of with further direction to the court below to record a finding in the light of this order, as early as possible, in any case within a period of three months from the date of deposit of the arrears of the maintenance amount in the court below which deposit shall be subject to the result of the further decision made by the court below in terms of this order. 4. This Cr. Revision application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)