( 1 ) D. B. BHOSALE, J. :- Heard the learned counsel for the parties. Admit. Ms. Nagarathn, learned counsel, waives service for the respondent. By consent of the learned counsel appearing for the parties, taken up for final hearing.

( 2 ) THIS appeal, by the wife, is directed against the judgment and order dated 1-1-2005 rendered by the Family Court in Interim Application No. 235 of 2004 filed in Petition No. A-531 of 2004, allowing the said application filed by the respondent-husband under section 1 (2) of the Hindu Marriage Act, 1955 (for short, "h. M. Act" ). By that application, the respondent had prayed for dismissal of the petition filed by the appellant as not maintainable on the ground that the parties are citizens of Sweden and not domiciled in India. The appellant's petition was filed inter-alia seeking a decree of judicial separation under section 10 of H. M. Act, for custody of minor children and for maintenance.

( 3 ) THE factual matrix, sans unnecessary details, is as follows : The appellant and the respondent tied the nuptial knot on 25-6-1989 under the Hindu vedic Rites at Bangalore. When they got married the respondent was working in sweden with B. C. F. I.