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(a) the factum of separation; and

(b) the intention to bring cohabitation permanently to an end - animus deserendi

(c) the element of permanence which is a prime condition requires that both these essential ingredients should continue during the entire satisfactory period.

8.3 "Desertion, in short, means a total repudiation of marital obligation. An end to two-in-oneship and to marital togetherness which is the kernel of marriage. To explain it with an analogy: most of us are familiar with the term desertion deserter from the army. A deserter from the army is one who runs away from his post or from his duty. A spouse is in desertion if it runs away from his marital obligations, from cohabitation. The "running away" may mean that he actually leaves the matrimonial home permanently or living in matrimonial home refuses to perform marital obligations; he ceases to cohabit or he abandons his matrimonial obligations. The latter aspect of desertion is termed as constructive desertion. Thus, desertion may be classified under the following heads :-

(a)    Actual desertion,
 

(b)    Constructive desertion, and
 

(c)    Wilful neglect : this expression is used both under the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 and in some cases, it has been considered part of constructive desertion. 
 

The main elements of desertion are :
   

(a)    the fact of separation (factum deserdendi), and
 

(b)    the intention to desert (animus deserdendi). The further elements are :
   

(i)     without any reasonable cause,
 

(ii)    without the consent of the other party or against the wishes. Further, to examine the elements of desertion, the following two preliminary observations are necessary to note with a view to clearly comprehending the legal concept of desertion :
   

(A) Until an action is brought desertion remains an inchoate offence, that is to say, it can be terminated by the party in desertion by either resuming cohabitation or expressing an unequivocal intention to resume cohabitation.

(B) Although fact of separation is an essential element of desertion, it does not mean that the party who leaves the matrimonial home is necessarily the deserter. It may be'that a party who stays behind may by conduct or act on his part had made it intolerable for the other spouse to stay pn in the matrimonial home. This aspect of desertion is called constructive desertion."