HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC REVIEW APPLICATION No. - 320 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. Mr. Sharad Chand Rai, learned advocate appears on behalf of review applicant, who was appellant in the First Appeal, disposed of by us on order dated 20th August, 2025. He submits, his client seeks review. 2. Ground of review is discovery that document dated 22nd March, 2021 was not shown at the time of hearing of the appeal. This was an inadvertent error. The document reveals, respondent wife had signed on it to indicate her willingness to return to his client. However, she never did. As such, at the time of hearing and disposal of the matrimonial case on judgment dated 20th July, 2022, more than 10 years of separation had happened. There thus was desertion established and proved. The review be allowed. 3. On query Mr. Rai submits, the document was not tendered as an exhibit in the matrimonial case but, he points out, both the maintenance and matrimonial cases were being tried together by the Family Court and this document was demonstrative of respondent's purported willingness. Respondent thereafter staying away was proof of desertion. 4. We are not convinced that review applicant has made out good ground for review. This is because, today review applicant asserts existence of document dated 22nd March, 2021 carrying signature of respondent wife indicating her allegedly purported willingness. It follows, applicant ought to have taken respondent wife back to the matrimonial home and if there Versus Counsel for Applicant(s) : Harsh Tripathi, Sharad Chand Rai Counsel for Opposite Party(s) : Sumit Alias Gotiram .....Applicant(s) Smt Rashmi .....Opposite Party(s) was resistance, his omission to point out the fact to the trial Court also goes against him. 5. Mr. Rai submits, the marriage has broken down irretrievably. He wants to rely on judgments of the Supreme Court granting divorce in such cases. The High Court in appeal cannot dissolve the marriage on such ground. 6. The review application is dismissed. October 28, 2025 Salim CMRA No. 320 of 2025 2 (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad