JUDGMENT Hon’ble Ritu Raj Awasthi, J.—Since both the matters arise out of the same proceedings and are between the same parties, as such, they have been connected and heard together and are being decided by a common order. The appellant-Smt. Preeti Aggarwal and the respondent-Mr. Vishwas Mittal are present in person before the Court. They are duly represented by their counsel. Heard Mr. Vishal Kumar Upadhyay, learned counsel for appellant as well as Mr. Anurag Shukla, learned counsel for respondent. The first appeal has been filed under Section 28 of Hindu Marriage Act against the judgment and decree dated 23.3.2011 passed in Original Suit No. 820 of 2009; Vishwas Mittal v. Smt. Priti Agarwal, whereby a decree of judicial separation has been passed by the learned Court below whereas the Cross Objection has been filed under Order XLI Rule 22 Code of Civil Procedure against the aforesaid order. 2. Learned counsel for appellant submitted that a suit for divorce was filed under Section 13 of Hindu Marriage Act by respondent. The appellant had contested the case in the Court below. By the impugned judgement the learned Court below has passed the decree of judicial separation under Section 13-A of Hindu Marriage Act which is not sustainable in the eyes of law as no such prayer was made in the suit. 3. It is also submitted that no case of divorce was made out. The learned Court below has failed to appreciate that there was no sufficient evidence of mental or physical cruelty to respondent. It is submitted that the appellant is still ready to go with respondent to her matrimonial house and the findings of the learned Court below are perverse. 4. Learned counsel for respondent, on the other hand, submitted that the respondent is not ready to live with the appellant and there are no chances of reconciliation. The Court may fix the permanent alimony as it may deem just, fit and proper. The respondent is ready to pay the permanent alimony to the appellant. It is further submitted that the appellant and respondent both are young and in future they may decide to get re-married, as such, the decree of judicial separation may be converted into decree of divorce. The respondent is ready to pay the permanent alimony to the appellant. It is further submitted that the appellant and respondent both are young and in future they may decide to get re-married, as such, the decree of judicial separation may be converted into decree of divorce. In this regard, learned counsel for respondent has drawn the attention of the Court towards Section 13 (1-A) (i) Hindu Marriage Act and submits that the period of one year after the date of impugned judgment has expired and there was no resumption of cohabitation between the parties as such the decree of judicial separation may be converted into decree of divorce. 5. Learned counsel for respondent also submitted that unless and until the marriage has been dissolved finally the appellant and the respondent cannot enter into re-marriage. The decree of divorce is the method to dissolve the marriage finally, as such, it is in the interest of both the parties that the decree of divorce may be passed. 6. I have considered the submissions made by the parties’ counsel. The appellant as well as respondent were called by the Court to appear in person so as to find out the possibility of any amicable settlement between the parties and resolve their differences. Both the appellant as well as respondent through their learned counsel have informed the Court that there is no possibility of them living together, as such, I am of the view that once the appellant and the respondent have failed to resolve their differences and there is no chance of any amicable settlement between them, it would be expedient to award the permanent alimony in favour of the appellant so that she may be able to maintain herself. It is to be noted that the appellant is unemployed and has no source of income. 7. Learned counsel for appellant, after discussing the matter of grant of permanent alimony with his client, has inform the Court that in case Rs. 10,00,000/- is awarded as permanent alimony the appellant is ready to accept the same. 8. Learned counsel for respondent, on the other hand, after discussing the issue with his client, informed the Court that the total source of income of the respondent is not such that he may be able to give Rs. 10,00,000/- to the appellant. 9. 10,00,000/- is awarded as permanent alimony the appellant is ready to accept the same. 8. Learned counsel for respondent, on the other hand, after discussing the issue with his client, informed the Court that the total source of income of the respondent is not such that he may be able to give Rs. 10,00,000/- to the appellant. 9. Considering the entire matter and after discussing the matter with the parties to the case, with the consent of parties’, I hereby fix the amount of permanent alimony as Rs. 8,00,000/- which shall be paid by the respondent to the appellant by way of bank draft in favour of the appellant within a period of six months from today. Till the total amount is paid the respondent will continue to pay the maintenance amount of Rs. 3,000/- (Rupees three thousand only) per month regularly and continuously every month to the appellant. Respondent may pay the entire amount in one go or in two or three installments within the said period. The impugned judgment and decree dated 23.3.2011 is hereby modified to the extent that it shall be treated as a decree of divorce passed under Section 13 of Hindu Marriage Act. It is informed that a case under Section 125 Code of Criminal Procedure has been filed by appellant which is pending before the Court of Principle Judge, Family Court, Lucknow. The same shall be decided in terms of present judgment. In case the respondent fails to pay the amount of permanent alimony as fixed above by this Court within the time provided, the appellant would be at liberty to initiate appropriate proceedings to recover the said amount. Accordingly, the first appeal as well as the cross objection are disposed of. ——————