This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated April 16, 2024 passed by the learned Civil Judge (Jr. Division), Kalyani, Nadia in T. S. No. 230 of 2018. By the order impugned the application filed by the petitioner herein challenging the maintainability of the suit, stood rejected.

Mr. Das, learned advocate appearing for the petitioner submits that the learned Judicial Magistrate, 3^rd Court, Alipore initially passed an order of interim maintenance in favour of the petitioner herein and thereafter a final order was passed. The interim order was challenged before the learned District and Sessions Judge, Alipore and by an order dated August 25, 2015, the learned Additional District and Sessions Judge, 1^st Court at Alipore made certain observations. He further submits that a criminal appeal was filed by the petitioner for enhancement of the amount of maintenance and residence which was dismissed on September 15, 2018 and being aggrieved the defendant preferred a criminal revision being CRR before this Hon’ble Court which was disposed of by directing the opposite party to pay maintenance to the p