Document Fragment View
Fragment Information
Showing contexts for: constructive desertion in Rakesh vs Rajnesh Urjf Manto on 10 May, 2011Matching Fragments
The pendency of the divorce petition on the ground of desertion would not disable the court from passing its order under the Act as both the proceedings are independent of each other. In fact, in case the argument of the learned counsel were to be accepted, by his filing the present petition and requesting that the wife be restrained from sharing the household, this by itself would amount to constructive desertion by the husband. Therefore, the said argument is selfdefeating.
Lastly, the discretion of the Magistrate cannot be cribbed, cabined and confined. It cannot be argued that merely because Section 19(1)(f) of the Act empowers the Magistrate to direct the respondent to provide alternate accommodation or to pay rent for the same to the aggrieved person, the powers of the Magistrate are confined only to Section 19(1)(f) of the Act. Such as contention, if accepted, would make other sub-clauses of section 19(1) of the Act redundant.