JUDGMENT M.M. Das, J. 1. This second appeal has been filed against the reversing Judgment in a matrimonial suit. The Appellant is the wife & the Respondent is the husband. The Respondent filed the original suit being O.S. No. 366 of 2002 before the Learned Civil Judge (Senior Division), Bhubaneswar as Plaintiff for a decree of divorce with the pleadings that his marriage with the present Appellant was solemnized on 16.4.2001 as per the Hindu Rites & Customs. After a short span, the Appellant-wife started showing rude behavior to the Respondent & disrespect to the brother-in-law & sister-in-law without any rhyme or reason. The husband made all efforts to change the attitude of the Appellant-wife, who even conceived during the said period. In June, 2003, the father of the wife came to the house of the Respondent & took the Appellant-wife for pre delivery care. The wife gave birth to a female child in the month of February, 2002. The Respondent husband was not given any news with regard to the birth of the child & was also not permitted to see the child. The Plaintiff also made other factual allegation against the wife which according to him amounted to mental cruelty. The Appellant wife entered appearance in the suit & filed a written statement refuting the allegation made by the husband & made counter allegations that the husband & his brother-in-law & sister-in-law ill treated & tortured her, demanding dowry. During pendency of the suit, the Appellant wife prayed for interim maintenance & litigation expenses. The Trial Court framed three issues on the pleadings & ultimately came to the conclusion that the mental cruelty is not proved & dismissed the suit. The Respondent husband preferred M.A.T. Appeal No. 2 of 2008 before the Learned District Judge, Khurda, who by the impugned Judgment, on analyzing the facts of the case, came to the conclusion that from the evidence of the Appellant-wife, it is clear that she has no allegation against the husband except the fact that he refused to stay with her in a separate house & considering what amounted to mental cruelty, came to the finding that the marriage in such situation becomes fictitious though supported by a legal tie. In detailed analysis of the facts, the Court below though not recorded that the behavior of the Appellant wife amounted to mental cruelty, but basing on such fact, as alleged by the husband being proved, came to the conclusion that this is a fit case, where a decree for divorce should be granted &, accordingly, reversed the Judgment & decree of the Trial Court by decreeing the suit filed by the Respondent husband for divorce. 2. Though an attempt was made for settlement of the dispute between the parties by this Court on several occasions, but the same did not materialize. This Court admitted the appeal by Order Dated 23.8.2011 on various questions of law as substantial questions. 3. Answering to the substantial questions of law, this Court finds that when the Appellant wife having full knowledge of the status & way of living of the Respondent husband got married to him & the husband was living in a joint family, demanding for a separate residence or, in other words, demanding to break the joint family status of the husband coupled with the fact as found by the Courts below that the husband was not allowed to see his child, this Court therefore, finds that the substantial questions of law as framed did not arise in this appeal. However, the lower Appellate Court should have granted permanent alimony, while passing the decree of divorce between the parties. The lower Appellate Court, however, disposed of the appeal with an order that the matter of permanent alimony or maintenance is kept open for the parties to settle the dispute amicably or under the process of law. 4. Section 25 of the Hindu Marriage Act, 1955 provides for permanent alimony & maintenance. According to the said provision, any Court exercising jurisdiction under the said Act, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose, the order shall be passed with regard to maintenance & supported by payment of gross sum or such monthly or periodical sum till the applicant is alive, having regard to the Respondent's own income & other properties, if any, & also taking into consideration the conduct of the parties & other circumstances of the case. The Court has also power to modify or rescind any such order, if subsequently, it is satisfied that there is a change of circumstance in respect of either of the parties. 5. Considering such provisions of law, though the appeal deserves no merit, this Court observes that in the event, the Appellant wife files an application before the Learned Civil Judge (Senior Division), Bhubaneswar, who passed the Judgment & decree in the suit, which has been reversed in the first appeal & confirmed in this second appeal, the said Court shall proceed with the matter in accordance with Section 25 of the Hindu Marriage Act. With the aforesaid observation, the second appeal stands dismissed, but in the circumstances, parties shall bear their own cost of this appeal. Appeal dismissed.