( 1 ) LEAVE granted.

( 2 ) WE have heard learned counsel for the parties finally by their consent. The short question is whether the appellant is the married wife of the respondent who had failed and neglected to maintain her and therefore, she is entitled to maintenance under Section 125 of the Code of Criminal procedure. Learned counsel for the respondent was right when he contendedthat unless there is a legal marriage between the parties, order under Section 125 Criminal Procedure Code cannot be passed. However, learned Judicial Magistrate after considering this question came to the conclusion that the respondent was already divorced from his first wife and thereafter he had entered into a second marriage with the appellant who was also a divorcee. The High court took the contrary view and observed that the appellant had not proved that she was the married wife of the respondent and that she had her first husband, Satendra and there was no dissolution of her marriage with him. These are the questions which are required to be thrashed out finally in civil proceedings. In a proceeding for maintenance under Section 125 Criminal Procedure Code the learned Magistrate was expected to