ORDER 1. This petition filed u/s. 482 Cr.P.C. raises a rather strange question as to whether a person who is admittedly not woman can in law be treated as 'wife' and awarded maintenance allowance as such u/s. 125 Cr.P.C. 2. Admittedly the applicant and the non-applicant herein were married about 17 years back when the applicant was said to be only 13 years and the non-applicant was about 3 years old. It appears that later on it was discovered that the non-applicant is not a woman but a man. The applicant husband thus deserted the non-applicant. The non-applicant claiming to be the former's wife made an application u/s. 125 Cr.P.C. before the Judicial Magistrate First Class, Agar for maintenance allowance. The application was resisted inter-alia on the ground that the non-applicant being a man, not woman there was no valid marriage in the eyes of law and the same could not be and did not consummate. The learned Magistrate, however, overruled the objection and awarded maintenance allowance to the non-applicant at the rate of Rs. 350/- per month holding that the marriage in question was at best voidable and unless annulled by a Court of Competent Jurisdiction, could not be ignored. This order dated 11.2.1991 of the Magistrate was confirmed at Revision by the I1nd Addl. Session Judge, Shajapur who took the same view of the matter. 3. The only question requiring determination by this Court is whether the non-applicant who is admittedly not a woman but married to the applicant, can claim maintenance allowance u/s. 125 Cr.P.C. 4. Sec. 125 Cr.P.C. provides for maintenance of wife's amongst others. The word 'wife' has not been defined under the Code or in other Enactment including the Hindu Marriage Act, 1956. So we have to go by the general meaning of the word 'wife'. As per Oxford English Dictionary, the word 'wife' means: 1. A woman; formerly in general sense; in later use restricted to a woman of humble rank; 2; A woman joined to a man by marriage; a married woman; 3. The mistress of a household; the hostess or landlady of an inn. As per Chamber's 20th Century Dictionary, the word 'wife means, "a woman; the woman to whom one is married; the mistress of a house, a hostess - now often in this sense 'good wife"'. 5. The mistress of a household; the hostess or landlady of an inn. As per Chamber's 20th Century Dictionary, the word 'wife means, "a woman; the woman to whom one is married; the mistress of a house, a hostess - now often in this sense 'good wife"'. 5. It will be thus seen that before a person can be a 'wife', she has to be a woman. A male person can never be wife of another male person. In the instant case there is clear admission by the non-applicant that he is not woman but man. His father has also made similar admission before the Magistrate. There could be thus no marriage much less a valid one between the applicant and the non-applicant. The marriage solemnised 13 years back was thus a nullity and cannot be taken notice of. In any case the non-applicant cannot claim to be the wife of the applicant and maintain proceedings u/s. 125 Cr.P.C. as such. 6. The learned Addl. Sessions Judge in his order has, however, observed that the non-applicant though not a woman could be an eunuch and the marriage in question was thus not void ab-initio but only voidable and unless annulled by a decree of a Court of competent jurisdiction, the same cannot be ignored. At the outset it may be observed that even an eunuch is not a woman but only a castrated man and cannot be, therefore, joined to a man by marriage. Therefore, notwithstanding that there is no decree of a Court declaring the marriage in question as a nullity, the non-applicant cannot be treated in law as wife of the applicant and the latter cannot be directed to pay maintenance allowance to the former. 7. In the result, the petition succeeds and is allowed. Orders passed in Criminal Case No. 4/89 by the Judicial Magistrate First Class Agar and in Criminal Revision No. 54/91 by the Additional Sessions Judge, Shajapur together with the entire proceedings preceding these orders are hereby quashed. It may, however, be made clear that nothing said or observed herein shall affect the non-applicant's rights to approach the civil Court and seek such remedies which may be available to him in law.