amount to cruelty. (Sheldon v. Sheldon, 1966 P 62 or constructive desertion (1969) 1 P 122). Persistent cruelty may be a ground. Where the respondent
than 17 years ago, which
aspect clearly demonstrates that wife has completely deserted
the matrimonial home. It is further contended that there has
been ... factual matrix in
the present case clearly demonstrates that there is constructive
desertion. That the purpose of marriage is progeny. Trial
Court's Judgment
appellant holding that the appellant had been cruel to him and had
deserted him. Further, it was held that the divorce petition was
maintainable ... appellant out of her matrimonial home
and was guilty of constructive desertion. According to the learned
counsel, there were material discrepancies in the statements
marriage.
Para-32. The deserting spouse must
be shown to have persisted in the intention
to desert throughout the whole of the two
year period ... English law, but is only an
affirmation of the doctrine of constructive
desertion. The said doctrine is not rigid but
elastic and without doing violence
case (supra) quoting from Rayden on Divorce, 7th edition : "DESERTION is not to be tested by merely ascertaining which party left the matrimonial home ... same intention, to leave him. This is the doctrine of constructive desertion."
(35) We have in an earlier case reported as 1988 (2) Delhi
petition;
Explanation- In this sub-
section, the expression "desertion" means the
desertion of the petitioner by the other party to the
marriage without ... referring the ground of
desertion, we find that there are two kinds of desertion:-
(i) actual desertion and (ii) constructive desertion.
In the case
context in which it has been
used. For example, the word ‘desertion’ appearing in Section 13
of the Hindu Marriage Act implies not only factum ... vide Lachman -vs- Meena (AIR
1964 SC 40). There can be constructive desertion. The husband
and wife may be living together under the same roof
context in which it has been
used. For example, the word ‘desertion’ appearing in Section 13
of the Hindu Marriage Act implies not only factum ... vide Lachman -vs- Meena (AIR
1964 SC 40). There can be constructive desertion. The husband
and wife may be living together under the same roof
used. For example, the word ‘desertion’ appearing in Section 13
of the Hindu Marriage Act implies not only factum of separation,
but also “animus deserendi ... vide Lachman -vs- Meena (AIR
1964 SC 40). There can be constructive desertion. The husband
and wife may be living together under the same roof
context in which it has been
used. For example, the word ‘desertion’ appearing in Section 13
of the Hindu Marriage Act implies not only factum ... vide Lachman -vs- Meena (AIR
1964 SC 40). There can be constructive desertion. The husband
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