- (1.) THIS is an appeal under Section 19 of the Family Courts Act, 1984 against the judgment, order and decree of divorce dated 30.9.2004 passed by the Family Court, Azamgarh in original suit No. 283 of 1999 (Mithlesh Kumar Singh Vs. Smt. Meena Singh).
(2.) THE plaintiff-respondent instituted a suit for divorce against his wife defendant-appellant under Section 13 of the Hindu Marriage Act, 1956 on the ground of mental cruelty, desertion and refusal to discharge the matrimonial obligations. On due contest the suit was decreed and it was recorded that both the parties are living separately for many years and cannot live together as husband and wife. The appeal was referred to the Mediation and Conciliation Centre attached to the High Court vide order dated 1.10.2007 for the purposes of exploring the possibility of bringing about some reconciliation between the parties. However, the Mediation and Conciliation Centre after extensive deliberation with the parties submitted a report that reconciliation is not possible. It is on the failure of the reconciliation, the appeal has come up for hearing. Heard Sri B.P. Singh, learned counsel for the appellant and Sri R.P. Singh Parihar, learned counsel for the respondent.
(3.) ADMITTEDLY, the parties got married in the year 1982 and they are living separately at least since 1991, earlier also their relations were not very cordial and for all practical purposes they were living separately, though through the wedlock a son Amar Singh (Anupam) was born to them on 30.11.1989. Learned counsel for the parties fairly conceded that it is virtually impossible for the parties to live together and therefore, the decree of divorce is the only recourse left. However, learned counsel for the appellant contended that the appellant may be granted permanent alimony and at present she is getting Rs. 1500/- per month as interim maintenance in proceedings under Section 125 Cr.P.C. in case No. 336 of 2000 (Meena Vs. Mithlesh). Learned counsel for the respondent has not disputed the above fact and has left it open for the court to fix reasonable amount of alimony.;