Shamsuddin Ahmed, J.

This matter is placed before us on a reference to the Division Bench by Sri M.G. Mukherjee, J. by his order dated 28.9.88.

2. This revisional application was filed by the husband petitioner for setting aside an order passed by the learned Additional Sessions Judge, 9th Court, Alipur in Criminal Motion No. 110/87. The petitioner's case as disclosed in his revisional application is that on October 18, 1981 he married the opposite party Sahani Bibi according to Muslim rites and customs. The marriage was registered on the same date. Then Mohar was fixed at Rs. 999/-. The relationship between the parties became strain and ultimately on September 29, 1982 the wife left her matrimonial home. On November 8, 1982 the petitioner divorced the opposite party wife by a registered talak and communicated the same to her by advocate's letter dated 1.12.82. The opposite party filed an application under s. 125 of the Cr. P.C. on 15th December, 1982. The learned Judicial Magistrate by his order dated 8th August, 1985 allowed a monthly maintenance @ 250/- in favour of the wife and @ 150/- for her baby with effect from August 1985. On September 29, 1986 the petitioner again p