Aftab H. Saikia, J.

1. Heard Mr. N.C. Phukan, learned Counsel for the Appellant. None appears on behalf of Respondent despite the names of Mr. K. Bhatta and Mr. S. Ali, engaged Counsel have been duly reflected in the cause list dated 2.9.2008. On earlier occasions also when this matter was listed for hearing the learned Counsel representing the Respondent preferred not to appear before the court despite their names duly reflected in the respective cause list itself. Having no other alternative, in the last order dated 19.8.2008 this Court gave the last chance to Mr. Bhatta and Mr. S. Ali to appear before the court today.

2. By means of this matrimonial appeal the Appellant who is a doctor working under the Assam State Health Services has assailed the order dated 5.2.2007 passed by the learned Principal Judge, Family Court at Guwahati in F.C.(Civil) Case No. 71/04 whereby deciding the application under Section13(1)(ia) for dissolution of marriage on the ground of cruelty, the learned Judge instead of granting prayer for dissolution of marriage by a decree of divorce, ordered for judicial separation for the parties from the date of passing that order.

3. The limited argument so