( 1 ) HEARD learned Advocate Shri G. A. Pathan appearing for the petitioner. Rule. Learned APP Mrs. Vallikarimwala waives service of rule on behalf of respondent state. With the consent of the learned advocates appearing for the parties, the matter is finally decided.

( 2 ) THE petitioner has challenged the legality and propriety of the order passed by learned Additional Sessions Judge, Surat, in the proceedings of Criminal Revision application No. 118 of 1997.

( 3 ) IT is the case of the petitioner that respondent No. 1 had filed Criminal Misc. Application No. 56 of 1995 in the Court of learned JMFC, Court No. 3, Surat, claiming maintenance under Sec. 125 of the Crpc. According to the petitioner, present respondent no. 1 is not the lawful married wife of the petitioner. It was the defence of the present petitioner in the said maintenance proceedings that respondent No. 1 had started living with the present petitioner during the subsistence of marriage with one Dhaniben and thereby allegation of lawful marriage was false and respondent No. 1 was not entitled to claim any maintenance from present petitioner. It is noteworthy that as per the case of respondent No. 1