HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW FIRST APPEAL No. - 91 of 2021 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. We have heard the learned counsel for the appellant who has pointed out the order passed earlier by this Court where a direction was issued for publication of notice to the Respondent. 2. It has been submitted that such publication has been made and supplementary affidavit has been filed on 27.02.2023. Since such affidavit has been filed with a copy of Notice published in 'Dainik Hindustan', we deem service upon the Respondent to be sufficient. 3. We, therefore, proceed ex-parte against the Respondent. The counsel for the appellant has stated that the appellant in his plaint has raised two grounds for filing Divorce under Section 13 of the Hindu Marriage Act; one related to cruelty and mis-behaviour on the part of the Respondent, the other related to desertion since July, 2013. The learned Trial Court has only considered the ground of cruelty and has stated that the ground of cruelty was not sufficiently made out while rejecting his plaint. It has not considered the ground of desertion. 4. It has been submitted that the Appellant- Deep Bahadur Yadav, got married to the Respondent- Smt. Suman Yadav, on 30.05.2010. Out of the said wedlock, a son was born who at the time of filing of the plaint was around 6 years old. The appellant as Versus Counsel for Appellant(s) : Rakesh Pratap Singh Counsel for Respondent(s) : Deep Bahadur Yadav .....Appellant(s) Smt. Suman Yadav .....Respondent(s) well as the Respondent, are both Teachers in Basic Shiksha Schools run by the Basic Shiksha Parishad in District Barabanki. The Respondent was prone to quarrelsome mis-behaviour and had also quarreled with Basic Shiksha Adhikari, Mr. Panna Lal Gupta, District Barabanki, as a result, she was Charge-sheeted and Departmental proceedings were initiated against her and because the plaintiff was her husband, he was also proceeded against. He had no quarrel with the Basic Shiksha Adhikari, Mr. Panna Lal Gupta. 5. Not only, was the Respondent a quarrelsome lady, she was prone to behaving in an absolutely independent manner as if she was not married at all to the appellant. She started living in Lucknow since July, 2013 after she was transferred to the said District. The appellant also had a house in Gomti Nagar but the Respondent did not live in the same. She started living some 20 Kms. away in Aliganj area. 6. The appellant also transferred Rs.3 lacs in the SBI Account of the Respondent on 18.08.2018 to enable her to get a job as Lecturer in Karamat Degree College. The behaviour of the Respondent did not improve. She was living separately from the appellant for the past five years at the time of filing of the Divorce Suit in 2019. 7. The fact of desertion without any reason has not been considered at all by the Trial Court. 8. We have gone through the order passed by the Trial Court, it appears that service was deemed sufficient upon the Respondent by the Trial Court and since the Respondent did not appear to contest the Divorce Suit an order was passed to proceed ex-parte on 18.03.2021. 9. Evidence produced by the appellant was considered and the appellant as well as his paternal uncle also deposed before the Trial Court. FAPL No. 91 of 2021 2 10. The ground of cruelty could not be made out and therefore, the Suit was dismissed. However, there is no whisper regarding the ground of desertion being considered and the appellant has pointed out from the plaint from Paragraph-7 onwards that the appellant had raised a specific ground regarding desertion. 11. We find force in the submissions made by the learned counsel for the appellant, we set aside the order dated 14.09.2021 and remit the matter back to the learned Trial Court for consideration afresh on merits of the case. 12. The Trial Court must consider the ground of desertion and give a specific finding thereon while deciding the Suit. 13. Accordingly, the First Appeal stands allowed. December 15, 2025 N.PAL FAPL No. 91 of 2021 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench