( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION No.132 of 2003 CRIMINAL REVISION APPLICATION No.132 of 2003 CRIMINAL REVISION APPLICATION No.132 of 2003 Phulabai Bhagwan Rawade ..Applicant. Vs. Bhagwan Genba Rawade and Anr ..Respondents. Mr Rahul S Kate, Advocate for the Applicant. Mr S. S. Pednekar, A.P.P. for the State/Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 28.04.2008. DATED : 28.04.2008. DATED : 28.04.2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel appearing for the applicant and the learned A.P.P. for the respondent-State. 2. Perused application and the material available on record. 3. This revision application is directed against the judgment and order dated 31-1-2003 passed by the learned 4th Ad hoc Sessions Judge, ( 2 ) Pune, whereby the Criminal Revision Application No. 91 of 2001 was allowed and the order dated 3.1.2001 passed by the learned Judicial Magistrate, First Class, Saswad in Misc. Application No. 161 of 1999 came to be set aside holding that the second wife is not entitled for maintenance since she could not be treated as a legally wedded wife. 4. The Court below while allowing the revision observed as under: "It is the settled law that claim for maintenance can only be made by the legally wedded wife. Since respondent-Phulabai failed to prove the factum of her alied marriage she cannot claim maintenance under Section 125 of Cr.P.Code". 5. Having heard the learned counsel for the applicant, he could not point out as to how the second wife whose marriage cannot be recognised in law would be entitled for maintenance. In that view of the matter and considering the settled legal position no fault can be found with ( 3 ) the impugned order. The revision application, therefore, has no merits. 6. In the result, the revision application is dismissed with no order as to costs. JUDGE. JUDGE. JUDGE.