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Lavina Martin vs Sam Bosco Martin on 5 May, 2017 cites

Bipin Chander Jaisinghbhai Shah vs Prabhawati on 19 October, 1956

was made in the majority judgment to the earlier decision in Bipin Chander Jaisinghbhai Shah v. Prabhawati (2) in which all the English decisions as also the statement contained in authorita- tive text books were considered. After referring to the two es- sential conditions, namely, the factum of physical separation and the animus deserendi which meant the intention to bring the cohabitation permanently to an end as also two elements Megha 15/21 ::: Uploaded on - 05/05/2017 ::: Downloaded on - 07/05/2017 00:56:17 ::: Megha fca_183_2008.doc so far as the deserted spouse was concerned i.e. (1) the absence of consent and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the inten- tion aforesaid, it was observed while examining how desertion might come to an end "In the first place,, there must be con- duct on the part of the deserted spouse which affords just and reasonable cause for the deserting spouse not to seek reconcili- ation and which absolves her from her continuing obligation to return to the matrimonial home. In this one has to have re- gard to the conduct of the deserted spouse. But there is one other matter which is also of equal importance, that is, that the conduct of the deserted spouse should have had such an impact on the mind of the deserting spouse that in fact it caus- es her to continue to live apart and thus continue the desertion. But where, however, on the facts it is clear that the conduct of the deserted spouse has had no such effect on the mind of the deserting spouse there is no rule of law that desertion termi- nates by reason of the conduct of the deserted spouse".
Supreme Court of India Cites 4 - Cited by 62 - B P Sinha - Full Document
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