1. Admit. Learned counsel for the respondent waives service. By consent of parties, second appeal is heard finally forthwith.

2. By this appeal filed under Section 100 of the Code of Civil Procedure, 1908, the appellant has impugned the judgment and decree dated 4th May, 2013 passed by the learned District Judge-2, Kalyan, allowing Civil Appeal No. 48 of 2012 filed by the respondent thereby setting aside the impugned judgment and decree dated 22nd December, 2011 in Marriage Petition No. 260 of 2008, passed by the learned Civil Judge, Senior Division, Kalyan and allowing Marriage Petition No. 260 of 2008 filed by the respondent inter-alia praying for dissolving the marriage between the appellant and the respondent solemnized on 7th December, 2002 and directing the respondent herein to pay monthly permanent alimony of Rs.15,000/- to the appellant herein and Rs.15,000/- to his daughter Komal regularly from the date of the said judgment and decree.

3. Following substantial questions of law are formulated:-

(i) Whether the Lower Appellate Court was justified in applying no default theory of divorce incorporated in irretrievable break down of marriage though it is not a ground for