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However, this application came to be dismissed by it by invoking the principle of merger and the petitioner was also burdened with costs of Rs. 3,000/-.

4. I have heard the learned counsel for the parties and have gone through the records carefully.

5. It would be noticed that the petitioner had earlier approached this Court by filing CMPMO No. 435/2015 seeking modification of the order in view of the aforesaid changed circumstances. It is specifically averred that this Court had expressed its view that it was the Court of first instance, which alone could decide the entitlement of the maintenance as this Court had only touched upon the quantum of maintenance and had not determined the question of entitlement per se. This constrained .