court held that in actual desertion as well as .on constructive desertion, it is necessary to prove both factum and animus-acts amounting to expulsion ... also observed that it is seldom that conduct relied on as constructive desertion will amount to a matrimonial offence, for if it did, the petition
considered that the respondent has deserted the petitioner, the desertion being a constructive one."
7. Learned Counsel for the petitioner invited my attention ... well come to the conclusion that it is a case of constructive desertion. If one spouse is forced by the conduct of other to leave
side of
the deserted spouse should be absence of
consent and absence of conduct reasonably
causing the deserting spouse to form his or
her intention ... whatever his desire or intention may have
been. The doctrine of constructive desertion
is discussed at page 229. It is stated that
desertion
made out, certainly the husband
would have been guilty of "constructive desertion", because
the test is riot ... prove
desertion without cause for the statutory period of four
years, that is. to say, that the deserting spouse must be in
desertion throughout
desertion.
According to that statement for the offence of desertion
there must be two elements present on the side of the
deserting spouse, namely ... whatever his desire or intention may have been. The
doctrine of constructive desertion" is discussed at page
229. It is stated that desertion
with cruelty?
Point No. 2: Whether the respondent is guilty of constructive desertion?
Point No. 3: Whether the petitioner is entitled to a Decree ... failed to prove that the respondent treated her with cruelty. Regarding constructive desertion, the Court below found that the appellant failed to establish that
Mozelle Robin Solomon vs Lt. Col. R.J. Solomon on 3 February, 1968
Equivalent citations
deserting spouse must have an intention to desert the other spouse;
(c) The deserted spouse must not have agreed to the separation;
(d) the desertion ... spouses has arisen in these circumstances are sometimes called "constructive" desertions'.
30. This desertion may be terminated in the following ways
welfare. Therefore,
according to the respondent, in fact the cruelty and desertion have been
committed by the appellant ... leave her matrimonial home. Hence the
appellant has committed constructive desertion of the respondent.
7. Learned counsel appearing on behalf of the appellant submitted that
context
in which it has been used. For example, the word ' desertion' appearing in
Section 13 of the Hindu Marriage Act implies ... vide Lachman v. Meena , (AIR 1964 SC 40). There
can be constructive desertion. The husband and wife may be living together
under the same roof
