( 1 ) THIS revisional application under section 482 of Code of criminal Procedure (hereinafter called Cr. P. C.) read with Article 227 of the constitution of India is directed against the order No. 3 dated 3. 9. 2003 passed by the learned Judge, Family Court, Calcutta in Misc. Case No. 159 of 2003. The learned Judge by the impugned order rejected the application filed by the present petitioner challenging maintainability of the petition under section 125 of Cr. P. C. filed by O. P. No. 1 during pendency of MAT suit between the parties and pendency of section 24 of the Hindu Marriage Act (hereinafter called h. M. Act) petition filed by the wife in the matrimonial suit claiming maintenance pe. nde. nte lite,

( 2 ) MR. Tarun Banerjee, learned senior advocate of the petitioner contended that section 24 of the H. M. Act application filed by the wife O. P. No. 1 is almost at the concluding stage in the MAT suit now pending in the Court of learned judge, Family Court, Calcutta. Recording of evidence of the wife has been completed and evidence for this petitioner is pending. The O. P. No. 1 has already claimed maintenance in the section 24 H. M. Act petition. Subsequently,