SUBHRA RAUL Vs. NATHAN RAUL

JUDGEMENT

(1.) A question regarding maintainability of the proceeding Original Suit No. 1 of 1996 which has been purportedly filed under Section 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 under Section 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, this Court has jurisdiction to entertain the petition.

(3.) ADMITTEDLY , the parties are Christians and governed by the Protestant School of Indian Christians. It is relevant to take note of Sections 3,22 and 23 of the Act which are relevant, and read as follows : '3. Interpretation clause -In this Act, unless there be something repugnant in the subject or context - 'High Court'. (1) 'High Court' means with reference to any area - (a) in a State, the High Court for that State (b) in Delhi, the High Court at Delhi (c) in Manipur and Tripura, the High Court of Assam (d) in the Andaman and Nicobar Islands, the High Court at Calcutta (e) in the (Lakshadweep) the High Court of Kerala (ee) in Chandigarh, the High Court of Punjab and Haryana, and in the case of any petition under this Act, 'High Court' means the High Court for the area where the husband and wife reside or last resided together : (2) xxx xxx xxx(3) 'District Court' means, in the case of any petition under this Act, the Court of the District Judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this Act, the husband and wife riside or last resided together' '22. Bar to decree for divorce a mensa etthoro but judicial separation obtainable by husband or wife -No decree shall hereafter be made for a divorce a mensa et thoro, but the husband or wife may obtain a decree of judicial separation on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of a divorce a mensa et thoro, under the existing law, and such other legal effect as hereinafter mentioned.' '23. Application for separation made by petition -Application for judicial separation on any one of the grounds aforesaid may be made by either husband or wife by petition to the District Court or the High Court and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.'