JUDGMENT :

A. Pasayat, J. - A question regarding maintainability of the proceeding Original Suit No. 1 of 1996 which has been purportedly filed u/s 22 read with Sections 23 and 27 of the Indian Divorce Act, 1869 (in short, the 'Act') has been raised by the respondent.

2. The essential facts need to be noted for adjudication of the controversy.

Plaintiff Subhra Raul has filed this proceeding praying for a decree of judicial separation to be passed against respondent Nathan Raul. Further prayer is for a decree for payment such gross sum by way of alimony, or annual sum of money as may be quantified. According to respondent, who has raised question of maintain- ability, petition u/s 22 of the Act is required to be filed before the High Court under whose jurisdiction the husband and wife last resided together. According to him, the admitted position being that plaintiff was staying at Mumbai during the period from 1992 to 1995, whereafter she has filed the present suit, this Court has no jurisdiction to entertain or try the suit. According to the plaintiff, she was residing at Cuttack on the date of presentation of petition and respondent has permanent home at Bhubaneswar and therefore, t