JUDGMENT Hon’ble Servesh Kumar Gupta, J. The appellant Dr. Nisha Rani has challenged the two concurrent judgments passed against her granting divorce to the respondent husband on the ground that she has deserted him almost for 10 years and thus, the marriage ties has irretrievably broken. Though this Second Appellate Court does not want to burden the judgment by reproducing the entire minute facts and controversy between the parties, but just to appreciate the findings of the courts below sans unnecessary details, it deems fit to make certain facts the part of the judgment. 2. Appellant Ms. Nisha Rani became a medico in mid 2002. Somehow, she and her parents came in contacts with Sanjay Kumar, the resident of District Pithoragarh, who and his family members posed him a qualified doctor undergoing preparation for the post-graduation course. Thus, the attraction between the two families grew up inasmuch as taking the shape of an arranged marriage because in the eyes of Dr. Nisha Rani as well as her family members, it was quite a good match. Unfortunately, the facts were not so truthful as were presented and the marriage was solemnized without getting them verified on the part of Dr. Nisha Rani or her family members. Being a qualified medico, she got a Government job in the Provincial Medical Services and was posted in Almora District Hospital, which is adjacent to the matrimonial in-laws house of Dr. Nisha Rani. Marriage was solemnized on 18.11.2002 and soon after the marriage, she remained almost for a month in her in-laws house in the company of her husband and his parents in Pithoragarh. She was appointed in Government Hospital as Medical Officer on 27.12.2002. So, she resumed her duties as Government Doctor there soon after appointment as such and started happy married life along with her husband Sanjay Kumar in a rented accommodation in Almora town. During her living in the same house along with her husband, when she found that Sanjay Kumar was no more taking preparation for any medical post-graduate entrance, she became curious to know and, to her appellations, quite shocked when she could know the real state of affairs that Mr. Sanjay Kumar was no more a doctor. This deception on the part of her husband Mr. Sanjay Kumar was no more a doctor. This deception on the part of her husband Mr. Sanjay Kumar is well explained from the marriage card got published by him and his family showing his name prefixing the designation ‘Dr.’ before his name, while he was no more a doctor. This fraud is again ratified with the statement of PW1 Sanjay Kumar recorded in the trial court on 16.2.2010, wherein he has admitted in his examination-in-chief that he completed his MBBS from Lucknow in 2008 without internship, and such internship could be completed in 2009. 3. So, it is obvious that at the time of marriage, viz., seven years ago, probably he was either a student of bioscience graduation or post-graduation or undergoing the preparation of entrance of MBBS, but he posed himself a full-fledged doctor. However, accepting her destiny with Mr. Sanjay Kumar as such, she persuaded him to go for his medical education and the same could be completed with internship in 2009 from Lucknow as has been admitted by Sanjay Kumar himself in his examination-in-chief recorded on 16.2.2010 in the trial court. 4. At such a stage, in 2002, just after the marriage, when her wife Dr. Nisha Rani has been employed as a Government Medical Officer drawing a handsome salary while he was an unemployed person, so, naturally all the expenses required to pull on the family life was borne by Dr. Nisha Rani. That apart, it has been in the evidence that since Mr. Sanjay Kumar was not an earning member, so she was pressed every time to bear all the expenses of her husband, whether necessary or extravagancy or luxurious or at his studies. Forcing her to make the payments grew in ugly shape inasmuch as beating her. So, she started to hide her bank passbook, chequebook and other monetary assets from her husband. It made her husband more furious towards her and the beating of her was the often course, she was subjected to. The injury report dated 1.4.2003 is available on the record showing this traumatic attitude on the part of her husband. Even so, she continued to live with her husband without any desertion and thus was impregnated in March 2004. But due to this aforementioned tormented attitude of her husband towards her, there was a miscarriage of her pregnancy. The injury report dated 1.4.2003 is available on the record showing this traumatic attitude on the part of her husband. Even so, she continued to live with her husband without any desertion and thus was impregnated in March 2004. But due to this aforementioned tormented attitude of her husband towards her, there was a miscarriage of her pregnancy. Still she continued to live with her husband and became further pregnant in July last of 2004. This has been stated in the notice dated 30.10.2004 sent by the Advocate on behalf of Dr. Nisha Rani to her husband. The said letter is a long tale of atrocities and tyrannies she suffered at the hands of her husband. So, in this backdrop, she was living separately from her husband since 5.10.2004. 5. Beating and intimidation to Dr. Nisha Rani was the order of the day whenever the husband used to reside with her at Almora. As a consequence, she was constrained to launch the Criminal Case No. 659/2004 for the offences of Section 498A and 506 IPC as well as the Criminal Case No. 456/2007 for the offences of Section 504 and 506 IPC. The pendency of those cases further made their mutual relations more and more tense and the distance between the two mounted up. 6. It also transpires that a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was instituted by the husband just to show that he was keen and eager to resume his matrimonial life with Dr. Nisha Rani, but the same was withdrawn on 31.3.2008 with permission to file afresh. For the reasons best known to him, the suit was never filed again. 7. It was argued that at the time of pendency of First Appeal in the Court of District Judge, Almora, date 17.3.2011 was fixed for reconciliation of both the parties, but Dr. Nisha Rani did not arrive on the appointed day and time, while her husband Mr. Sanjay Kumar remained present throughout. I do not feel any force in the said argument for the reason that probably the affidavit dated 7.4.2011 moved by Dr. Nisha Rani narrating the detailed reasons and explaining vividly for her default to arrive in the Court in the very morning hours on the day 17.3.2011 has not been taken into consideration by the learned trial court. It shows that Dr. Nisha Rani narrating the detailed reasons and explaining vividly for her default to arrive in the Court in the very morning hours on the day 17.3.2011 has not been taken into consideration by the learned trial court. It shows that Dr. Nisha Rani (wife) still had some feeling in her heart to settle her life with the husband Sanjay Kumar, but the report of Mediator filed in the High Court shows that her husband was not at all ready to resume his family life with Dr. Nisha Rani. 8. In the aforementioned facts and circumstances, I find it difficult to accept that Dr. Nisha Rani deserted her husband Sanjay Kumar, undergoing the medical education at Lucknow because being the Medical Officer posted in Almora District Hospital and living in the rented accommodation in the town, she was not supposed to go to Lucknow to resume her matrimonial life in the hostel of her husband, where he was pursuing the medical education. Even she was not supposed to go to Pithoragarh to live with her father-in-law and mother-in-law because when the relations between the parties had become so sour, then there was no question for this unfortunate lady to go to Pithoragarh and knock the door of her father-in-law to reside there, more so when she was economically independent. It has been in the evidence that she made a complaint regarding the atrocities committed by her husband to her parents-in-law, but they all turned deaf ears. So, in these circumstances, it is quite unjustified to expect from an educated lady, more so from a medical officer who has the self-respect for herself, to go still to her father-in-law and live there. 9. On this score, this Court is quite unable to agree with the concurrent findings of both the courts below. Thus, the granting of divorce to the husband on the ground of desertion is not acceptable to this Court. But the Court cannot be oblivious from the fact that even Dr. Nisha Rani has admitted her segregated life from the husband w.e.f. 5.10.2004. Thus, almost 10 years have elapsed since when they are living separately. She gave birth to a daughter baby on 29.4.2005 and this daughter now has become more than nine years old. But the Court cannot be oblivious from the fact that even Dr. Nisha Rani has admitted her segregated life from the husband w.e.f. 5.10.2004. Thus, almost 10 years have elapsed since when they are living separately. She gave birth to a daughter baby on 29.4.2005 and this daughter now has become more than nine years old. Attempts were made time and again at all levels to make the marriage workable and to persuade them to resume the matrimonial life, but lastly in the High Court, as has been found by the Mediator (report dated 18.12.2013), the parties are not ready to live together, however, in this reference no express denial was made by Dr. Nisha Rani while Mr. Sanjay Kumar was found not at all inclined to live together with his wife. So, in the light of the precedent rendered by the Full Bench of Hon’ble Supreme Court in Naveen Kohli v. Neelu Kohli, (2006) 4 SCC 558 , I find here too that the marriage has been wrecked beyond the hope of salvage, public interest and interest of all concerned lies in the recognition of the fact and to declare defunct de jure what is already defunct de facto. To keep the sham is obviously conducive to immorality and potentially more prejudicial to the public interest than a dissolution of the marriage bond. 10. This Court, too, is of the view that there may be a ray of hope for the parties that after a passage of time (after obtaining a decree of divorce), the parties may psychologically and emotionally settle down and start a new chapter in life because wisdom lies in accepting the pragmatic reality of life and take a decision which would ultimately be conducive in the interest of both the parties. 11. At the same time, the Court cannot be in oblivion to notice that the daughter child born out of the wedlock of the duo now has been more than nine years old. So, the responsibility to educate her properly and get her married cannot be the sole responsibility of the mother Dr. Nisha Rani. 11. At the same time, the Court cannot be in oblivion to notice that the daughter child born out of the wedlock of the duo now has been more than nine years old. So, the responsibility to educate her properly and get her married cannot be the sole responsibility of the mother Dr. Nisha Rani. The respondent husband Sanjay Kumar is equally responsible for this task and the Court feels that by this time, he in person as well as from the family background is quite affluent to part the monetary consideration of at least rupees twenty lakhs to meet out the responsibility aforementioned by this Court towards his daughter. 12. This Second Appeal shall stand dismissed subject to payment of rupees twenty lakhs, not in the form of permanent alumini to the wife Dr. Nisha Rani because she herself is good earning person, but to share the responsibility towards the growing daughter. The money will be paid by way of bank draft of a nationalised bank either to Dr. Nisha Rani herself or be deposited in the trial court. Subject to deposit of this draft only, the appeal will stand dismissed and the decree of annulment of the marriage will be final, and not otherwise. The draft will be deposited latest by the end of October 2014. 13. The appeal stands disposed of in the above terms.