Hrishikesh Roy, J.

The efforts to resolve this Matrimonial dispute through mediation failed and thus the case is now posted for adjudication by the Court. The appellant (husband) is represented by the learned Counsel Mr. K. Sarma, while the respondent (wife) is represented by the learned Counsel Mr. A.R. Sikdar.

2. The challenge in this Matrimonial Appeal is to the judgment dated 17.03.2012 (Annexure-2), in the F.C. (Civil) Case No.270/2008, whereby the husband’s application for judicial separation, filed Section 10 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the 1955 Act’) was dismissed by the Principal Judge of the Family Court, Kamrup, Guwahati.

3. The appellant had served as a Govt. Doctor but recently he superannuated from service from the post of Joint Director of Health Services, Assam. The respondent has no earning source and she is dependent on the monthly maintenance, received from the husband. The parties were married on 03.02.1996 and a male child was born to them on 13.01.1997. However they are living apart since 24.04.2008.

4. The husband pleaded for judicial separation on the allegation of unbecoming conduct by the respondent (wife).