JUDGMENT - DHARMADHIKARI B.P., J.: - Very small issue falls for consideration of this Court, hence, Rule. Rule made returnable forthwith and heard finally by consent of parties.

2. The challenge in this petition under Articles 226 and 227 of Constitution of India is to the order dated 2-4-2004 passed by 2nd Joint Civil Judge, Senior Division, Akola in Special Civil Suit No. 143/2003. By the said order, the learned trial Court has rejected the application, Exhibit-19 which was preliminary objection to the tenability of suit filed by present petitioner/husband. Necessary facts in this respect can be briefly summarized as under:

3. The above mentioned RCS 143/2003 is filed by present respondent, a divorced wife of petitioner, under section 18 of Hindu Adoption and Maintenance Act read with section 25 of Hindu Marriage Act for grant of maintenance. By the said application, she has stated that she is married with petitioner and their marriage took place on 27-2-1994. By prayer clause, she has asked for a decree of past arrears of maintenance of Rs. 1,08,000/- and a direction to pay and to continue to pay Rs. 3,000/- as maintenance every month in future. The petitioner appeared in respons

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