SENGUPTA, J. ( 1 ) THE husband was unsuccessful in getting a decree for divorce before the learned Judge. Special Court at Alipore in Matrimonial Suit no. 31 of 1996 ; hence, this appeal. ( 2 ) VARIOUS grounds have been taken in the appeal. Notice of appeal was served upon the respondent/wife. She has not appeared to contest the appeal. This is an appeal of 1998 and is pending for a long time. An application has been taken out in this matter being can No. 5193 of 2006 wherein it has been stated that the husband and the wife are living separately and there has been no relationship between them, for the last ten years. ( 3 ) WE can draw the irresistible conclusion because of non-appearance of the wife, despite all methods of service having been exhausted that the marriage tie between the parties cannot be said to be subsisting. It is settled position of law that the appellate Court can take note of the subsequent events. We think, ten years is quite considerable and sufficient enough, when both the parties are not maintaining any marital relationship despite dismissal of the suit to hold that marriage tie has broken down irretrievably. The wife has not taken any steps for restitution of conjugal rights. Accordingly, the said application (CAN No. 5193 of 2006) stands allowed. ( 4 ) MR. Roy, appearing for the appellant has drawn our attention to the recent pronouncement of the Supreme court rendered in the case of Naveen kohli v. Neelu Kohli, reported in (2006)4 scc : (2006)1 WBLR (SC) 1015. In paragraph 72 of the said judgment it has been observed as follows : "once the parties have separated and the separation has continued for a sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that the marriage has broken down. The Court, no doubt, should seriously make an endeavour to reconcile the parties ; yet if it is found that the breakdown is irreparable, then divorce should not be withheld. The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties. The Court, no doubt, should seriously make an endeavour to reconcile the parties ; yet if it is found that the breakdown is irreparable, then divorce should not be withheld. The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties. " ( 5 ) IN this case, the respondent wife having remained absent, has expressed her intention not to live with the appellant/husband ; otherwise she would have contested the proceedings or prayed for restitution of conjugal rights. When both the parties are not willing to be together, the Court will not sit tight over the matter and keep the spouses in uncertainty. As far as a marital relationship is concerned, both the parties have their mutual obligations to discharge. If the respondent/wife is not willing to discharge her obligation nor the appellant/husband willing to discharge his part of the obligation, the Court will certainly take a pragmatic view in the matter, respectfully following the principles laid down by the Supreme court. We, in this case think that to bring peace between the parties in their social status, the decree of divorce is the only remedy. ( 6 ) WE, therefore, set aside the decree of dismissal of the suit and accordingly grant a decree for divorce. ( 7 ) THE appeal is, thus, allowed. There will be no order as to costs. ( 8 ) HOWEVER, the wife will be entitled to apply for recalling of this judgment and decree, if so advised, within thirty days from the date of receipt of this order.