A division bench at Allahabad High Court held that,

From Para 3,

3. In brief, it may be noted that the marriage between the parties was solemnized on 2.3.2000. At that time, the appellant was working as Class-III employee at the Rajkiya Bachat Karyalaya, at Bareilly. His father and siblings were residing at their house at Unnao. The family of the appellant belongs to Kanpur Nagar. According to the respondent/husband, the appellant resided at her matrimonial home for a few days, but raised complaint of not feeling safe in the company of only male family members of the respondent, his mother having died almost 20 years earlier.Occasioned by that, the respondent took the appellant to the city of his work, at Bareilly. Even there, the appellant, did not stay for long. She now cited reasons to stay at Kanpur Nagar as she was a practising advocate. Thus, the appellant is described to have left for Kanpur Nagar. However, intermittent cohabitation of the parties at Bareilly, Kanpur Nagar and Unnao, during that period, is not disputed. Then, according to the respondent, he applied for and consequently, was transferred to Kannauj. This transfer, respondent had sought only to make it possible for the respondent to stay at Kanpur Nagar with him. Upon being thus transferred, the respondent took up a rented accommodation at Kanpur Nagar and he used to commute to Kannauj from there every day. However, the appellant still did not stay with him for long. Though intermittently, the appellant did stay with the respondent at his rented premises, she preferred to stay at her parental house. In that context, it is the further case of the respondent that the appellant wanted the respondent to stay with her at her parental home at Kanpur Nagar. When the appellant did not agree to live with the respondent at the rented accommodation taken by him at Kanpur Nagar, he vacated that premises and started staying at Unnao, at his parental home from where too he could easily commute to Kannauj, in connection with his work.

From Para 7,

7. It is also the case of the respondent that the appellant offered cruel behaviour towards all family members of the respondent, from very beginning. Not only she would use harsh words andabusive language in normal household affairs, it was specifically stated by the respondent that the appellant wanted the respondentto abide absolutely, by her wishes. Failing that she threatened to level false allegations against the respondent and his father, including allegation of illicit relationship between the respondentand his real sister. While no such case was ever lodged by the appellant and no such complaint appears to have been made by the appellant to any authority, at the same time, it is on record that after the institution of the divorce suit on 01.08.2006, the appellant instituted Criminal Case No. 687 of 2006 on 14.11.2006 i.e. after three months of the institution of the divorce case. Remarkably,though allegations of demand of dowry and cruelty were made in the First Information Report, there is no prior complaint or First Information Report of such allegation ever made by the appellant,over six years of marriage between the parties.

From Para 11, (Desertion is established)

11. During his extensive cross-examination, the above noted aspects proven by the respondent during his examination-in-chief were not controverted or doubted. We have made reference to those facts to bring out the extent to which the efforts had been made by the respondent to prove desertion offered by the appellant. In absence of any doubt being raised during the extensive cross-examination of the respondent, we do not find any error in the finding of the learned Court below to believe the testimony of the respondent. Sitting in first appeal, we are ourselves inclined to draw firm conclusion that the appellant had no will or desire to live in matrimony with the respondent either at his parental home or at his place of work, or even otherwise at Kanpur Nagar. She only desired to stay at her parental home.

From Para 17,

17. In face of Criminal Revision proceeding pending, against the order of conviction passed in the appeal proceedings, we are not recording any firm conclusion with respect to falsity or otherwise the allegations made in the criminal case, at the same time, in the context of facts and circumstances proven in this case, the critical element of cruelty is found in existence. Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of the deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case proceeding by the other spouse and pursuing it in appeal to secure conviction (after initial acquittal) does indicate in any case, the marriage between the parties is irretrievably broken down.

From Para 19,

19. In view of the facts noted above we do not find it a fit case to provide for permanent alimony. The daughter born to the parties has attained the age of majority.