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Showing contexts for: constructive desertion in H.T. Vira Reddi vs Kistamma on 12 January, 1968Matching Fragments
14. This rule has been applied and followed in a recent Bench decision of this Court in Subbarama v. Saraswathi , approving the statement of the law by Venkatadri, J., in Varadarajulu Naidu v. Baby Ammal I.L.R. (1964) 2 Mad. 574 : (1964) 2 M.L.J. 187. In Bipinichandra Shah v. Prabhavati , the husband sought divorce against the wife on the ground that she had deserted the husband for more than four years prior to the commencement of the proceeding. The question was whether during the entire period of four years, the wife stayed away with the definite continued, unbroken animus of not coming back to the husband or whether she had subsequently changed her mental attitude during that period and was anxious to join the husband. The wife's case that she did not leave or desert her husband voluntarily and of her own free will but the husband actually drove her out of the house was not accepted. Even so, on the facts, the Supreme Court found that after the wife left the husband of her own accord during the interval of 4 years the wife did not stick on to her decision but changed her mind and was prepared to join the husband. The Supreme Court observed at page 188 that the fact that the wife pleaded a case of constructive desertion by the husband and failed to establish that case would not necessarily lead to the conclusion that the husband had succeeded in proving his case.