1. The petitioner filed an application for maintenance under S.125 of the Code of Criminal Procedure claiming to be the wife of the first respondent. The first respondent disputed the factum of marriage. The trial court on an elaborate consideration of the evidence, adduced on both sides, found in favour of the petitioner and directed the first respondent to pay a sum of Rs. 50/- towards maintenance from the date of the application, 7-12-1978.

2. The first respondent challenged this order before the Sessions Court. The Sessions Court did not consider the revision on the merits but directed that the question of marriage will be decided by the Civil Court. It is seen from the order that the counsel for both sides willingly accepted the suggestion made by Court as would be evident from the following observations in the lower court's order.

"At the time of arguments when I suggested, that, if this point is decided by a civil court, it will be better for the parties, the learned counsel for the petitioner as well as the respondent fairly submitted before me that the question of marriage of the petitioner with the respondent can be decided in a Civil Court and hence there is no