P.G. Agarwal, J.

1. This revision is directed against the judgment and order, dated 31.7.2003, passed by the learned Principal Judge, Family Court, Kamrup, Guwahati, in F.C. (Crl.) No. 187/99.

2. The Respondent, Must Sabina Yasmine, hereinafter referred as Sabina, filed an application under Section 125 Code of Criminal Procedure before the Principal Judge, Family Court, Kamrup, Guwahati, and it was registered as Case F.C. (Crl.) No. 187/99. The case of the applicant Sabina was that a marriage between her and the present Petitioner, Md. Ainul Hoque, was solemnized on 6.3.97 as per the Mohammedan custom and rites and thereafter the parties lived together as husband and wife and a female child was born to her on 28.3.98. The applicant, however, alleged that the husband used to ill treat her and harass her for alleged non-fulfillment of the demands of dowry and ultimately drove her out along with the baby. The husband also refused to maintain them.

3. The claim for maintenance was contested by the present Petitioner-husband, wherein the marriage between the parties and the paternity of the child was not disputed; but the Petitioner claimed that he has divorced his wife by giving T