Search Results Page
Search Results
1 - 5 of 5 (0.82 seconds)The Hindu Marriage Act, 1955
Adhyatma Bhattar Alwar vs Adhyatma Bhattar Sri Devi on 6 November, 2001
For the offence of desertion, so far as the deserting
spouse is concerned, two essential conditions must be there,
namely (1)the factum of separation and (2) the intention to bring
cohabitation permanently to an end (antimus deserendi)
Similarly two elements are essential so far as the deserted
spouse is concerned; (1) the absence of contest, and (2)
absence of conduct giving reasonable cause to the spouse
leaving the material home to form the necessary intention
aforesaid. Desertion is a matter of inference to be drawn from
the facts and circumstances of each case. Tje appellant also
cited 2001(8) Supreme 434 Adhyatma Bhattar Alwar V.
Adhyatma Bhattar Sri Devi "(i) Hindu Marriage Act, 1955 -
Section 13(i) (ib) r/w explanation - Divorce on ground of
desertion - The essential ingredients of the ground.
Section 28 in The Hindu Marriage Act, 1955 [Entire Act]
The Indian Evidence Act, 1872
1