Conversely, it is a proved that he is guilty of constructive desertion.
16. Marriage is not like a partnership at will or a house
question of
desertion, the High Court held that in order to prove a
case of desertion, the party alleging desertion must not
only prove that ... home and that it is the respondent
who is guilty of constructive desertion and had made the appellant and her
daughter run from pillar
normal marital life which will come within the ambit of
"constructive desertion".
12. In this situation, we have considered the
behaviour
Buchler (1947) 1 ALL ELR 219 attempted to bring in constructive desertion of the wife in her leaving the child at her father ... that the learned counsel has totally misunderstood as to what is constructive desertion. It is a defence open to an offending spouse accused
writ large. Thus, it is proved that husband is guilty of constructive desertion. The appellant cannot be allowed to take advantage of his own wrong
petition, respondent-husband, while
denying the allegations of extramarital relationship and
constructive desertion, has alleged the petitioner-wife to have
voluntarily abandoned the matrimonial house
intention to desert the other spouse;
(c) the deserted spouse must not have agreed to the separation;
(d) the desertion must have been without cause ... spouses has arisen in these circumstances are sometimes called 'constructive' desertions.
This desertion may be terminated in the following ways:
(i) By resumption
stay away from the husband. Therefore, the husband has committed constructive desertion. Hence, he has supported the impugned judgment.
7. We have heard both ... option but to leave her matrimonial home. Hence, he has committed constructive desertion of wife. Therefore, under Section 23 of the Act he cannot
because of the cruel acts of the respondent. Therefore, there is constructive desertion on the part of the respondent, for the last four years they
treated him with cruelty. Conversely he is guilty of constructive desertion.
14. Before parting with the judgment, it is also important to mention that