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Showing contexts for: constructive desertion in Smt. Mohit Preet Kapoor vs Sumit Kapoor on 16 February, 2022Matching Fragments
(ii)the intention to bring cohabitation permanently to end (animus deserendi).
28. Similarly two elements are essential so far as the deserted spouse is concerned:
(1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form necessary intention aforesaid.
29. It was held that for holding desertion as proved the inference may be drawn from certain facts viewing them as to the purpose which is revealed by those acts or by conduct and expression of intention, both anterior and subsequent to the actual acts of desertion. Desertion may also be constructive which can be inferred from attending circumstances. It has also always to be kept in mind that the question of desertion is a matter of inference to be drawn from the facts and circumstances of each case.