ORDER

1. Heard learned counsel for the appellant.

2. The respondent husband filed a petition for divorce before the Family Court, Cuttack on the ground of desertion and cruelty. The wife denied both the grounds. Parties led evidence in support of their respective cases. The trial court granted decree for divorce on both the grounds. Against the said order, matter was taken by the wife to the High Court of Orissa in appeal. By the impugned order, the High Court set aside the order passed by the Family Court whereby a decree for divorce was granted holding that the Family Court was not justified in granting the decree for divorce. It appears, even after recording this finding, the High Court in the concluding portion of the judgment, suo motu granted a decree for judicial separation as envisaged under Section 10 of the Hindu Marriage Act, though neither was any case filed for judicial separation nor has it recorded any finding that any evidence was led by the parties for judicial separation. While granting the decree for judicial separation, the Court also directed for payment of maintenance.

3. In our view, when the claim for divorce was disallowed by the High Court, it was not just