JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 01.08.2017 passed by the Gauhati High Court at Guwahati in Criminal Revision Petition No.102 of 2012 whereby the High Court while disposing of the Criminal Revision Petition filed by the respondent herein, set aside the order dated 21.11.2011 of the sub-Divisional Judicial Magistrate (SDMJ), Gossaigaon, Assam in Misc. Case No. 28/2009 and remanded the case to the SDMJ to decide the application filed by the respondent herein afresh.

3. A few facts need mention for the disposal of this appeal.

4. The appellant is the husband and the respondent is the wife. The respondent (wife) filed an application under Section 125 of the Code of Criminal Procedure, 1973 claiming maintenance from the appellant (husband) for herself and for her minor daughter.

5. By order dated 21.11.2011, the SDJM partly allowed the application and awarded Rs. 2000/- per month towards maintenance for her minor daughter but rejected the application insofar as it relates to award of maintenance to the respondent-wife on the ground that she is not the legally married wife of the appellant herein. It is agains