JUDGMENT

S.K. Palo, J.

Heard.

1. Challenge has been made to the judgment dated 17th December, 2008, passed by the Principal Judge, Family Court, Gwalior in Case No. 383/2007, whereby learned Family Court has allowed the application filed by the respondent/husband and granted decree of divorce.

2. Facts which are not disputed are that the marriage of the appellant and respondent was solemnized on 6.12.1993 according to Hindu customs. Due to their wedlock two daughters are born, one of the daughter is living with the appellant, whereas the other daughter is living with the respondent.

3. The learned counsel for the appellant has fairly conceded that the appellant and the respondent are living separately since almost 8-9 years and the possibility of their re-unite is bleak.

4. The Hon'ble Supreme Court has stated that as a result of some situations, the marriage may become a fiction and although supported by a legal hue, such bond ought to be severed. (Samar Ghosh Vs. Jaya Ghosh, (2007) 4 SCC 511).

4. As that it may be, we are inclined to uphold the impugned judgment and decree of divorce granted in favour of the respondent. But, we at the same time, cannot loose sight of provision of alimon