IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.746 of 2009 SUBUJAN DEVI (divorced wife of Mukti Giri) daughter of late Kodo Giri, Resident of Village-Bishambhara, P.O-Sarkaria P.S.Gopalpur, Distt-West Champaran, Bettiah…..Appellant Versus MUKTI GIRI @ Mukti Nath Giri S/O Late Bengali Giri, R/O Village, Bijabanian, P.O.Bijabanian Mushari, P.S. Chanpatia, Distt.West Champaran, Beittiah…..respondent ----------- 13. 27-Jan-2010 The delay in preferring this appeal has already been condoned after hearing the parties, on 18-02-2009. On merits, after hearing the parties, it is found that although the marriage took place in the year 1974 but since 1991, according to the case of respondent-husband the appellant deserted him and, therefore, he sought divorce on account of desertion, cruelty and alleged adultery. On hearing the parties, we find that there may be some substance in the arguments that adultery has not been proved by reliable materials but the facts proved by the respondent show that the marriage has broken down irrevocably and the parties are separate since 1991. In the aforesaid circumstances, even on the ground of desertion which may amount to cruelty also, decree of divorce granted by the learned Family Court cannot be 2 faulted. Learned counsel for the appellant has strenuously argued for enhancing the quantum of permanent alimony which has been determined by the court below as lump sum of Rs. 50,000/-. It has been submitted by him that the respondent has landed property and is also having income from his practice as an Ayurved doctor. On the other hand, learned counsel for the respondent submits that the respondent is not in any regular service and does not have any impressive qualification in Ayurved. Considering the recent rise in the cost of living and all other circumstances, in our view Rs. 50,000/- granted by way of permanent alimony should justly be increased to a lump sum amount of Rs 75,000/-. With this modification in the quantum of permanent alimony, the appeal is disposed of. perwez (Shiva Kirti Singh, J.) (Jyoti Saran, J. )