Order :- By this petition filed under S.482 of the Cr. P.C., Krishan Gopal, petitioner herein, is challenging the legality of the order passed on 31st July, 1981, by a Metropolitan Magistrate, Delhi, whereby the learned Magistrate has held that the petition filed by the wife, Smt. Usha Rani, under S.125 of the Cr. P.C. (herein called 'the Code') is maintainable. While dismissing the preliminary objection on behalf of the husband-respondent it has been held that in spite of the fact that the marriage between the parties has been declared a nullity under S.12 of the Hindu Marriage Act (herein called 'the Act'), Usha Rani continues to have the status of a wife and as such she is entitled to ask for maintenance.

2. The case of the husband is that the marriage between the parties could not be consummated as his wife was incapable of sexual intercourse. According to him she is a born eunuch. While declaring the marriage to be a nullity it has been found by the Court of District Judge, Ferozepur, vide judgement passed on 7th Oct., 1980, that Usha Rani in spite of having undergone a vaginal operation, was impotent.

3. Mr. Kalia, counsel for the petitioner, contends that in case of a