ORDER Aparesh Kumar Singh, J. - The Matrimonial Title Suit No. 213/2010 instituted by the Respondent/husband herein for a decree of divorce under section 13 of the Hindu Marriage Act, 1955 was adjudicated upon by the Learned Principal Judge, Family Court, Ranchi by the impugned judgment dated 05.04.2014. Learned Court however considered it proper to pass a decree of judicial separation instead of a decree of divorce to meet the ends of justice. The husband was not aggrieved by the decree of judicial separation and no appeal has been preferred by him. Wife is the appellant who felt aggrieved by the decree of judicial separation. 2. The appeal was earlier admitted for hearing on 21.04.2015. The appellant/wife however had certain change of mind during subsistence of the appeal. She filed an Interlocutory Application No. 7664/2017 to bring on record certain relevant facts which have developed during the pendency of the appeal. According to her, though marriage was solemnized on 27.02.2009 at Bodh Gaya between the parties, but since 24.07.2009 itself, they have been living separately for more than eight years. Marriage has broken down irretrievably and there is no cohabitation and the appellant has lost all her emotional substratum. There is no possibility to live together with the Respondent/husband. Appellant has made a request for passing a decree of dissolution of marriage by modifying the impugned decree after fixing permanent alimony of Rs. 35.00 lakhs and arrears of maintenance. According to the appellant, the Respondent/husband is a practicing Advocate at Ranchi since 2003 and has handsome properties. She is also a highly qualified educated lady having completed her Ph.D Degree. At para-7 of the instant I.A., appellant states that she does not want to press the impugned judgment and decree. 3. Taking note of the prayer of the appellant to resolve the dispute by dissolution of marriage itself, we referred them to undergo mediation where the issue of permanent alimony could be resolved, by our order dated 31.10.2017. The mediation exercise also appears to have failed, as per the report of the Learned Mediator, JHALSA contained in letter no. 3024 dated 29.11.2017 at Flag-''X''. 4. The State of facts and the subsequent development that have come to exist as on date show that the appellant/wife is not aggrieved by the decree of judicial separation, rather she wants the marriage to be dissolved.
3024 dated 29.11.2017 at Flag-''X''. 4. The State of facts and the subsequent development that have come to exist as on date show that the appellant/wife is not aggrieved by the decree of judicial separation, rather she wants the marriage to be dissolved. The Respondent/husband is not aggrieved by the decree of judicial separation, though he had sought dissolution of marriage. The bone of contention between the parties is the issue of permanent alimony. Parties have been living separately, as per their own statement, since July 2009. The impugned judgment and decree is dated 05.04.2014/11.04.2014. The appellant is also not willing to press the decree of judicial separation. In these circumstances, either of the parties are at liberty to seek dissolution of marriage before the Learned Family Court, Ranchi where the issue of permanent alimony can also be adjudicated upon adducing evidence on that point or if the parties are able to come to an agreement on that. In this background facts, learned counsel for the appellant seeks permission to withdraw this appeal in order to invoke the forum of Learned Family Court for dissolution of marriage. Accordingly, this appeal is dismissed as withdrawn. I.A. stands disposed of accordingly.