The court recognized willful neglect as a valid ground for divorce under Hindu law, establishing that non-contestation and prolonged separation indicate desertion.

1. The service of this Appeal was complete as per office report dated 19.01.2022, however the sole - respondent / Wife did not appear in person or through her counsel. Since the matter was a matrimonial dispute, this Court had sought the assistance of the Chief Metropolitan Magistrate, Kolkata (West Bengal) for the presence of the Respondent and thereafter the present Appeal was adjourned on several occasion from time to time.

2. Subsequently, the present Appeal was directed to be heard ex parte vide an order dated 28.07.2023. However, again, as an abundant caution, this Court had directed that the ex parte order should also be communicated to the sole - respondent through Chief Metropolitan Magistrate, Kolkata (West Bengal) and the registry of this Court was directed to take necessary steps in that regard and list the matter immediately thereafter.

3. Office has reported sufficiency of service of notice on sole respondent vide report dated 21.10.2024, but even after the said service, none appears on behalf of the sole - respondent before this Court to oppose the appeal, hence the appeal is being heard ex parte as it has been pending since the year 2021.

4. Heard Mr. Ashok Sinha, learned Counsel representing the Appellant - Husband and perused the impugned Judgment as well as the Trial Court's record.

5. By means of the present First Appeal filed under S.28 of The Hindu Marriage Act, 1955 read along with S.19(1) of The Family Courts Act, 1984, the Appellant - Husband has preferred the present Appeal against the Ex - parte Judgment and Decree dated 12.02.2021 passed by learned Additional Principal Judge - 10, Family Court, Lucknow (hereinafter to be referred as 'Family Court') in Matrimonial Suit No.1204 of 2020 (CNR No. UPLKO 200 2192 2020): Rachit Verma Versus Smt. Anuradha Dey, whereby the learned Family Court has dismissed the said suit filed by the appellant / husband for grant of decree of divorce under S.13 of the (hereinafter referred to as the 'Act, 1955').

6. Briefly stating, the facts of the present Appeal lies in a narrow compass, wherein the appellant / Husband had filed a divorce petition before the learned Additional Principal Judge - 10, Family Court, Lucknow alleging therein that marriage of the appellant and respondent was solemnized on 14.12.2015 according to Hindu Rites and Rituals. Prior to their marriage, they got to know each other through a website i.e. www.shaadi.com and at the time of their marriage, the respondent - wife was working in Wipro company and at present she is living in Kolkata along - with their only child, namely, Master Ansh. It has also been alleged in the said matrimonial suit that the parents of respondent - wife were against the said marriage as they did not want to marry their daughter with the appellant - husband, as the wife belonged to a Bengali family, whereas the appellant - husband was a non - Bengali.

7. After their marriage, the couple started living in Delhi where the respondent - wife lived happily with the appellant - husband, however, later on the respondent - wife changed her behavior drastically towards the appellant - husband. The respondent - wife started going outside with her friends without informing the appellant - husband and also started consuming alcohol. The respondent - wife also started throwing tantrums, committed nuisance and became abusive. The respondent - wife also used to attend various phone calls of different persons, without disclosing anything about them to the Appellant / Husband. The respondent - wife a