Illegal immigrant (foreign woman) apply for maintenance in india

 The above is no longer new to Indian Jurisprudence, In Sm. Satya v. Teja Singh Court ruled that the learned Magistrate rightly held that under Section 126 of the Code of Criminal Procedure, the wife could take the proceeding before the Court of the learned Magistrate since the said Court was situated within the District, where she resides. Further, in Dr Pradip Jain v. Union of India also Court followed the same principle. And Section 125 in The Code Of Criminal Procedure does not prohibit any foreign person  to file  maintenance petition before Indian Courts. Thus if the maintainability is challenged by the Husband,  use the above judgement. File the petition where the woman ordinarily resides. If any further doubts please reply to the said post.

she has the right to maintenance 

I do accept that She has the right to maintenance. But my question any foreigner have the rights to do civil court proceedings without proper visa to stay in India? 

Is she still residing within our country?