1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.59/2007 Prakash Ramchandra Malbari. ..Appellant -VERSUS- Pramodini Prakash Malbari. ..Respondent ......... Mr.Y.S.Bhate, Advocate for the appellant. Mr.Sunil Jaykar, Advocate for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 25th MARCH, 2009. P.C. : 1. This Second Appeal is directed against the judgment and decree passed by the District Judge dismissing the appeal concurring with the judgment of the Trial Court. The appellant is husband whereas the respondent is wife. The husband filed a petition for divorce on the ground of desertion and cruelty. On appreciation of the evidence, both the Courts below have concurrently held that the appellant/husband has failed to establish the case of desertion and/or cruelty. 2. The main ground urged by the learned counsel for the appellant is that the parties are staying separately since 1981 i.e. last about 26 years. Hence, on the ground of marriage being irretrievably 2 broken down, the marriage be dissolved by passing a decree of divorce. 3. The learned counsel for the respondent, placing reliance on the judgment of the Supreme Court reported in the case of Vishnu Dutt Sharma Vs. Manju Sharma, CDJ 2009 SC 522, has submitted that irretrievably breaking down the marriage is not a ground for divorce under the Hindu Marriage Act. Thus, no marriage can be dissolved on the ground that the marriage has been irretrievably broken down. 4. In the result, the Second Appeal is summarily dismissed as the same does not involve any substantial question of law. JUDGE