:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE SECOND APPEAL NO.417 OF 2008 SECOND APPEAL NO.417 OF 2008 SECOND APPEAL NO.417 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.401 OF 2008 CIVIL APPLICATION NO.401 OF 2008 CIVIL APPLICATION NO.401 OF 2008 Smt. Pratima Shailender Pandey ...Appellant. v. Shri Shailendra Pandey ...Respondent. Ms.S.S.Dvivedi , adv. for the Appellant. None for the Respondent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 23rd July, 2008. DATE: 23rd July, 2008. DATE: 23rd July, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the appellant and perused the impugned judgments rendered by both the Courts below. 2. The appellant before this Court was the wife of the respondent. The respondent filed Marriage Petition No.25 of 2005 for divorce on the ground of desertion and cruelty. After hearing the parties, the trial Court passed the decree of divorce in favour of the husband. The wife preferred the Civil Appeal No.9 of 2007. However, that appeal was also dismissed. Both the Courts below have given concurrent finding that the wife had treated the husband with cruelty and had also deserted him. The learned counsel for the appellant/wife contends that there is no sufficient evidence for proof of desertion and that infact, the :2: husband had deserted the wife. Even if for a moment, the contention of the learned counsel is accepted, still the decree can not be set aside because there is concurrent finding of the facts that the wife had treated the husband with cruelty. In view of the above, I find that no substantial question of law is involved in the present appeal. The learned counsel for the appellant contends that the Courts below have not granted permanent alimony on the ground that there is no specific plea for that. Even if the permanent alimony was not granted to her while passing the decree, she may move appropriate proceeding for the maintenance as may be permissible under the law. 3. Appeal stands dismissed. 4. As the appeal itself is dismissed, civil application does not survive and stands disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)