holding her guilty of desertion by overlooking the settled doctrine of
constructive desertion.
25. It would be submitted by the learned Counsel that the Appellant ... Counsel would also submit that the Appellant's plea of
constructive desertion was unfounded, since her allegations of
hostility and ill-treatment
earnest
4
efforts to return. This, she argued, amounted to "constructive desertion"
on the husband's part. She further claimed the husband ... disputes the finding of desertion, characterizing
her withdrawal as "constructive desertion" due to the intolerable
circumstances created by the husband, and highlights
leave her husband's roof. It was therefore, constructive desertion by the husband and his petition should have been dismissed for that reason ... deserted the husband or that the husband was guilty of constructive desertion.
6. In the context of matrimonial law, desertion represents a legal conception which
guilty of desertion or the
respondent is guilty of "constructive desertion" because
he has compelled the petitioner no. 1 to leave the
matrimonial ... only cruelty by
desertion also which in this case is
"constructive desertion" as she had to
flee from the USA from the conduct
responsible for the driving out is guilty of desertion which means constructive desertion. The Supreme Court in the case Bipin Chander Jaisinghbhai Shah v. Prabhawati ... marital home by the husband, the husband is guilty of constructive desertion. The test is not who left the matrimonial home first. If one spouse
matrimonial offence and to include within it even the case of constructive desertion, explanation was added below Section 13(1) by the Marriage Laws (Amendment ... desertion may also be terminated by supervening animus revertendi expressed by a genuine offer to return to the deserted spouse or in case of constructive
Magistrates held that there was no cruelty but there was constructive desertion. The Divisional Court held that there was no constructive desertion either. Sir Jocelyn ... leave him and may, apart from cruelty, even complain of constructive desertion or willfully neglect by the husband. What then has the wife here
failed to do so he was guilty of constructive desertion.
3. Desertion under Hindu Marriage Act by either spouse is a ground for
dissolution ... have been so then the petitioner could be held guilty of constructive desertion as, there is no substantial difference between the rasp
June 1973. So he, rather than the appellant, is guilty of constructive desertion As observed by the Supreme Court in Bipinchandra Jaisinghbai Shah (supra ... been made to leave the marital home."
(9) Thus, constructive desertion by a husband may be established where he persisted, in spite of warning
divorce is sought can constitute compulsive conduct founding a charge of constructive desertion and could also be an element of conduct founding a charge ... from the other. This may have bearing on cases of constructive desertion and cruelty of which it may well be said that the same facts
