This revisional application under Section 115 of the Code of Civil Procedure was directed against the order impugned No. 24 dated 22.6.2001 passed by Sri B.N. Das, learned Additional District Judge, 10th Court, Alipore in connection with Misc. Case No. 8 of 2000 arising out of Matrimonial Suit No. 16 of 2000.

2. It appears from the impugned order that O.P./respondent/wife filed a Matrimonial Suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and also for injunction against the present petitioner husband. The petitioner husband appeared there and challenged the maintainability of the proceeding on the ground that he had already obtained decree of divorce from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen Country, USA in Docket No. FM 02-2298-99 (Civil Action) hereinafter referred to as "foreign decree" to which jurisdiction the wife submitted by giving answers to the summons and accordingly the marriage tie between the parties had since been dissolved by order dated 22.5.2000. The learned trial Judge after hearing both the parties dismissed the plea of the husband and found the suit maintainable. Against that order the