Neutral Citation No. - 2025:AHC:87082-DB Court No. - 39 Case :- FIRST APPEAL No. - 763 of 2017 Appellant :- Vijay Narayan Singh Respondent :- Smt. Mausami Singh Counsel for Appellant :- Arun Kumar Pandey,P.K. Singh,Rajeev Singh Counsel for Respondent :- Dinesh Misra Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. The appeal has been called at 02.00 PM pursuant to listing per direction in our earlier order dated 30th April, 2025. Text of the order is reproduced below. "1. Mr. Shashi Kant Singh, learned advocate, holding brief of Mr. P.K. Singh, learned advocate appears on behalf of appellant and submits, joint affidavit dated 1st October, 2019 has been filed. Respondent-wife entered appearance through learned advocate. Said learned advocate informed him, he has returned the brief. 2. Reproduced below is text of order dated 22nd November, 2024 made by coordinate Bench. "1. After arguing matter at some length, learned counsel for the appellant states that he may be granted one last opportunity to file proper joint affidavit indicating the will of the parties to dissolve their marriage. 2. Accordingly, put up on 10th January, 2025." 3. Registry is directed to issue administrative notice enclosing website copy of this order, to respondent. She is to either be represented or be personally present on adjourned date for verification of the joint affidavit, as had been made and signed by her, or whether she wants to contest the appeal. 4. List on 22nd May, 2025 at 2:00 p.m." 2. Mr. P.K. Singh, learned advocate appears on behalf of appellant and files supplementary affidavit dated 24th January, 2025. He submits, the affidavit contains statement, inter alia, respondent remarried. 3. Registry has furnished track consignment confirming delivery of the postal article to addressee being respondent. She goes unrepresented. 4. The appeal stands preferred against judgment dated 18th September, 2017 rejecting appellant's petition for dissolution of the marriage. It appears, during pendency of the appeal, respondent has remarried. 5. Upon hearing Mr. Singh, we are satisfied that appellant has made out a case to succeed in the appeal. 6. Impugned judgment is set aside. The marriage solemnized on 28th February, 2008 is dissolved by a decree of divorce on ground of long separation, which, in the facts and circumstances, amounts to cruelty. We are constrained to hold such because respondent has chosen to go unrepresented and appellant says on affidavit, inter alia, she has remarried. 7. The appeal is allowed and disposed of. The decree be drawn up expeditiously. Order Date :- 22.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad