Long-term separation can establish grounds for divorce under cruelty and desertion as per statutory provisions.

1. The challenge in this appeal is the judgment and decree passed in Family Suit No.457 of 2012, whereby the marriage solemnized between the appellant and the respondent has been dissolved with effect from the date of decree on the ground of cruelty and desertion under Section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 .

2. The appeal arises in the following factual background.
2.1 The marriage of the appellant with the respondent was solemnized on 12.05.1967 at Dahegam as per the Hindu Rights and Rituals. They lived as husband and wife peacefully.
2.2 It is the case of the appellant that after sometime there used to be quarrel on the part of the respondent, the insult and torture that she needed to suffer in front of the family members had eventually resulted into her leaving matrimonial home to her parental home.
2.3 She has never called back by the husband and she preferred a petition under Hindu Marriage Act,1955 ('the Act' for short) being HMP No.25 of 1975 before the Senior Civil Judge, Ahmedabad for Judicial Separation under Section 10 of the Act.
2.4 The appellant herein preferred an application under Section 125 of the Code of Criminal Procedure being Criminal Misc. Application No.4 of 1997 for the maintenance.
2.5 The parties settled their disputes and the amount of Rs.125/- per month was directed to be given to the appellant towards the maintenance.
2.6 Yet another HMP No.7 of 1981 preferred before the learned Extra Assistant Judge, Ahmedabad (Rural), the decree of Judicial Separation was granted by the court concerned and also Rs.400/- was awarded towards maintenance in favour of the appellant. This was challenged before this Court in an Appeal No.267 of 1983 and the Court stayed the amount of maintenance of Rs.200/- and subsequently, the Appeal came to be withdrawn by the respondent.
2.7 A Family Suit No.457 of 2012 was preferred by the respondent on 03.04.2012 under Section 13 (1) of the Act for dissolution of the marriage. After both the sides were availed the opportunities, the Court adjudicated the matter and dissolved the marriage with effect from the date of decree on the ground of cruelty and desertion and that has led the appellant to approach this Court being aggrieved by the said judgment and decree.
2.8 On 05.07.2022 this Court issued the notice considering the fact that the decree of divorce is of the year 2018, no stay had been granted by the Court and the learned advocates appearing on both the sides had urged that the appellant is 73 years old whereas the respondent is 75 years old. The respondent had already married and he has two children. Therefore, we deemed it appropriate to explore the possibility of amicable settlement between the parties.
2.9 The parties were called and the possibility was explored, however they could not compromise and hence, the matter was referred to the High Court Mediation Centre. The report of which has also come in negative and therefore, at the admission stage, noticing the advanced age of both the parties, the matter had been taken up for final hearing.

3. Learned advocate, Ms.Nisha Parikh appearing for the appellant has fervently urged before this Court that the appellant has suffered as a wife. She was harassed and subjugated while at the matrimonial home and after she left in compulsion, was never called back. It is also her say that the appellant had attempted to show her grace, however, she would need a place of her own and therefore, that also had not been agreed to by the other side. She is on her own and the amount of her pension will be quite insufficient for her to sustain if any