JUDGMENT :

L. Mohapatra, J. - This appeal is directed against the order dated 238.2007 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 595 of 2004 holding the aforesaid civil proceeding maintainable.

2. Appellant is the wife of the Respondent. The marriage took place on 9.3.1989 and a child was born to them in the year 1991. Thereafter, dissension arose and they started living separately. The child is now under the custody of the Respondent. The Appellant filed C.P. No. 308 of 2000 u/s 18 of the Hindu Adoption and Maintenance Act, 1956 claiming monthly maintenance from the Respondent as well as for a decree of separate residence. The Respondent similarly had filed C.P. No. 20 of 1997 u/s 13 of the Hindu Marriage Act, 1955 praying for a decree of divorce by dissolution of marriage on the ground of desertion and cruelty. The learned Judge, Family Court, Cuttack tagged both the cases and by a common judgment dated 11.7.2002 dismissed the Civil Proceeding No. 20 of 1997 for dissolution of marriage filed by the Respondent and so far as C.P. No. 308 of 2000 filed by the Appellant for maintenance and separate residence is concerned, the learned Judge, Family Court