JUDGMENT V.D. Tulzapurkar, J. - Counsel for the appellant has fairly stated before us that the appeal has become infructuous in view of the admitted fact that at present the respondent (wife) has been staying in Calcutta within the jurisdiction of Alipore Court. The only question raised in this appeal was whether Alipore court had jurisdiction to entertain the maintenance application which wife had filed because at that point of time she was staying in Tripura. In view of the above statement the appeal admittedly does not survive and, therefore, the same is dismissed. The stay of proceedings before the Magistrate is vacated and the Magistrate is directed to dispose of finally the maintenance application on merits according to law. It will be now open to the Magistrate to pass appropriate orders granting interim reliefs and until such orders are passed the appellant will continue to pay maintenance allowance @ Rs. 250/- per month as maintenance for the minor child who is with the respondent. Appeal dismissed.