JUDGMENT - DABHOLKAR N.V., J.:---Heard Advocate Shri A.M. Dabir h/f Advocate Shri L.R. Pathak for revision petitioner. Sole respondent, although served with the notice and rule notice, is absent.

2. The revision petition challenges order passed by 3rd Joint Civil Judge (J.D.), Aurangabad, on 18-7-1995 in Regular Civil Suit No. 904/1994 on the file of Joint Civil Judge, Junior Division, Aurangabad. One Sonabai had filed R.C.S. No. 436/1991 seeking injunction against present petitioner performing another marriage. However, that suit was dismissed, although said Sonabai claimed to be wife of present petitioner. Thereafter, present respondent, who is younger sister of Sonabai, in the year 1992 filed an application under section 125 of Cri.P.C., 1973, for maintenance against present petitioner. It is the contention of petitioner that even respondent is not his wife, he had no alternative, but to file a suit for declaration that respondent is not his wife and, therefore, R.C.S. No. 904/1994 was filed.

The respondent/original defendant, although appeared in the suit through her Advocate, she did not file any written statement. Court ordered the plaintiff to lead his evidence. After produ

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