This application under Section 115 of the Code of Civil Procedure is directed against the order dated 9-8-85 passed by the District Judge, Dibrugarh in Title Suit (D) No. 8/1981 holding the opposite party Sowala Gogoi to be the legally married wife of the petitioner, Khiteswar Phukan.

2. The opposite party Sowvala Gogoi filed a petition before the District Judge, Dibrugarh under Section 10 of the Hindu Marriage Act, 1955 (hereinafter the Act) read with Section 4 of the Marriage Law (Amendment) Act, 1976 for a decree for judicial separation contending, inter alia, that she was the wife of the petitioner having been married to him on 14th ;March, 1980 according to Hindu rites. The petitioner resisted the said petition by contending that the opposite party was not his wife and that she was never married to him. During the pendency of the said petition the opposite party filed another application under Section 24 of the Act claiming payment of alimony at the rate of Rs. 500 -per month. The said application was also opposed by the petitioner on the ground, inter alia, that the opposite party was not his wife and. as such, not entitled to any maintenance. The learned District Ju