JUDGMENT : AJIT SINGH, J. 1. This appeal is by the wife against the order of dissolution of marriage passed under section 13(1)(i-b) of the Hindu Marriage Act, 1955 at the instance of respondent-husband. 2. Facts in short are these. Respondent-Amit Shah and appellant-Rupam Kumari Shah were married on 22.5.2006 and thereafter, they became parents of a female child-Surobhi Shah. The petition for dissolution of marriage was presented on 19.7.2010. The allegation of Amit Shah in the petition is that Rupam Kumari Shah became addicted to the phone calls of pro forma respondent, who is husband of her elder sister. The phone calls were made by pro forma respondent every day and he would talk to Rupam Kumari Shah not less than an hour. According to Amit Shah, on his objection to this conduct, Rupam Kumari Shah even attempted to commit suicide and thereafter, left his house on 19.1.2009. According to Amit Shah, since 19.1.2009, Rupam Kumari Shah is living in her parental house. On these allegations, Amit Shah prayed for a decree of divorce on the ground of cruelty under section 13(1)(i-a) of the Hindu Marriage Act, 1955. 3. Rupam Kumari Shah, after receiving notice, filed her written statement and denied the allegations made in the divorce petition. The case was then referred for mediation, but the dispute could not be settled amicably between Amit Shah and Rupam Kumari Shah. And, on the next date, i.e., 16.8.2014, Rupam Kumari Shah did not appear before the court, as a result of which, the court ordered to proceed ex parte against her. 4. Amit Shah, in his evidence, reiterated the abovementioned allegations of cruelty made in the divorce petition against Rupam Kumari Shah. The trial court, surprisingly, without deciding the issue of cruelty on Amit Shah, by the impugned order, has dissolved the marriage in his favour on the ground of desertion by Rupam Kumari Shah. Aggrieved, the appellant has filed the present appeal. 5. Having heard the learned counsel for the parties, we have reached the conclusion that the appeal must be allowed. Admittedly, no pleading or prayer was made by Amit Shah for divorce on the ground of desertion. Therefore, the finding of desertion by the trial court is absolutely erroneous and cannot be sustained. 5. Having heard the learned counsel for the parties, we have reached the conclusion that the appeal must be allowed. Admittedly, no pleading or prayer was made by Amit Shah for divorce on the ground of desertion. Therefore, the finding of desertion by the trial court is absolutely erroneous and cannot be sustained. It is also to be noted that according to Amit Shah himself, Rupam Kumari Shah had left his house on 19.1.2009 and since then, she is living in her parental house. The petition for divorce was filed on 16.8.2014. And a marriage can be dissolved by decree for divorce on the ground of desertion under section 13(1)(i-b) of the Act only when other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. The petition for divorce was, thus, apparently filed prior to completion of two years from the date when Rupam Kumari Shah left the house of Amit Shah. On this ground also the impugned decree for divorce deserves to be set aside. 6. We, accordingly, set aside the impugned order and remand the matter to the trial court for afresh decision on the ground pleaded in the petition for divorce. Since the matter is being remanded for afresh decision, we, in the interest of justice, also deem it proper to direct the trial court to give opportunity to Rupam Kumari Shah to cross-examine Amit Shah and also to adduce evidence in support of her defence. Needless to mention that the trial court shall decide the matter as expeditiously as possible, but not later than 9 months from today. Both the parties are directed to appear before the trial court on 13.11.2017. 7. The appeal is allowed. However, no costs.